NAVT v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 52 (2 February 2004)

Last Updated: 19 February 2004

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.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Lindgren.

Associate:
Dated: 4 February 2004


The Applicant did not appear.

Counsel for the Respondent: Mr T Reilly

Solicitors for the Respondent:	Sparke Helmore
Date of Hearing:	2 February 2004
Date of Judgment:	2 February 2004