NAEX v Minister for Immigration & Multicultural Affairs [2003] FCA 184

FEDERAL COURT OF AUSTRALIA

NAEX v Minister for Immigration & Multicultural Affairs [2003] FCA 184

NAEX v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS N1272 OF 2002 MADGWICK J 6 FEBRUARY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1272 OF 2002

BETWEEN: NAEX

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 6 FEBRUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. In accordance with O 32 r 2(1)(c) the application is dismissed. 2. The applicant to pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1272 OF 2002

BETWEEN: NAEX

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: MADGWICK J

DATE: 6 FEBRUARY 2003

PLACE: SYDNEY

REASONS FOR JUDGMENT (revised from transcript) HIS HONOUR: 1 In this matter, when the proceeding was called on for trial, the applicant was absent. In fact, the applicant has been deported to Shanghai in the Peoples Republic of China. It is very unlikely that he would wish to persist with this application. It would appear to have little chance of success, to say the least of it. 2 An application was made to dismiss the proceeding as hopeless but, in accordance with principle, the applicant would be entitled to have notice of such a strike-out application and he had no such notice. 3 I think the preferable course is to dismiss the proceeding under O 32 r 2(1)(c). This will have the effect that the court could, if thought fit, set aside that order pursuant to O 35 r 7(2)(a). 4 Accordingly, I so order and the applicant is to pay the respondent's costs. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick.