NAVT v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 52

FEDERAL COURT OF AUSTRALIA

NAVT v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 52 NAVT v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS N 1439 of 2003 LINDGREN J 2 FEBRUARY 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1439 OF 2003

BETWEEN: NAVT

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 2 FEBRUARY 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant 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 N 1439 OF 2003

BETWEEN: NAVT

APPLICANT

AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: LINDGREN J

DATE: 2 FEBRUARY 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT

1 On 8 October 2003, when the applicant was present in court, this proceeding was fixed for hearing on a date to be advised by my Associate, and it was noted that both parties would be available on any date fixed.

2 On 15 October 2003, my Associate wrote to the applicant (and also to the solicitor for the respondent) advising that the hearing was fixed for today at 2.15 pm.

3 In addition, on 19 January 2004, the solicitors for the respondent wrote to the applicant forwarding to him a copy of the respondent's submissions and noting that the proceeding was fixed for hearing before me today at 2.15 pm.

4 Notwithstanding the above, upon the matter being called on for hearing at 2.15 pm today, and the applicant being called outside the court-room, he did not appear.

5 Accordingly, on the application of the respondent and pursuant to Order 32 rule 2(1)(c) of the Federal Court Rules, I will dismiss the application with costs.