Applicant S498 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1424

Applicant S498 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 1424

The applicant had been served with the directions and orders setting the matter down for hearing, had left the country, did not appear when the matter was called, and had made no communication or adjournment application. In those circumstances the application was dismissed for want of prosecution and the applicant was ordered to pay the first respondent's costs fixed at $3,000.

Jurisdiction
Australia
Judgment Date
28 October 2004
Procedural Posture
Application for Constitutional and Statutory Writs / Remitted From the High Court and Set Down for Hearing; Dismissed After No Appearance by the Applicant
Outcome
Application dismissed for want of prosecution and by reason of the absence of the applicant; applicant ordered to pay the first respondent's costs fixed at $3,000.
Legal Topics
['refugee Review Tribunal' 'constitutional and Statutory Writs' 'want of Prosecution' 'non Appearance' 'costs']
['migration Law' 'administrative Law' 'civil Procedure'] ['refugee Review Tribunal' 'constitutional and Statutory Writs' 'want of Prosecution' 'non Appearance' 'costs']

Case Brief

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Procedural Posture

Application for Constitutional and Statutory Writs / Remitted From the High Court and Set Down for Hearing; Dismissed After No Appearance by the Applicant

Legal Issues

  1. 1 ["Whether the application should be dismissed for want of prosecution and by reason of the applicant's absence." "Whether the first respondent's costs should be fixed in a specified sum."]

Ratio Decidendi

The applicant had been served with the directions and orders setting the matter down for hearing, had left the country, did not appear when the matter was called, and had made no communication or adjournment application. In those circumstances the application was dismissed for want of prosecution and the applicant was ordered to pay the first respondent's costs fixed at $3,000.

Court Disposition

Application dismissed for want of prosecution and by reason of the absence of the applicant; applicant ordered to pay the first respondent's costs fixed at $3,000.

Orders

  • ['The application be dismissed.' "The applicant pay the first respondent's costs in the sum of $3,000."]