BDU18 v Minister for Home Affairs [2019] FCA 284

BDU18 v Minister for Home Affairs [2019] FCA 284

The appeal was dismissed because the appellant did not appear when the matter was called, and the Court was satisfied that the first respondent had served submissions, attempted to contact the appellant at the contact addresses provided by him, and notified him that dismissal with costs might be sought if he did not attend.

Jurisdiction
Australia
Judgment Date
28 February 2019
Procedural Posture
Appeal From BDU18 V Minister for Home Affairs [2018] FCCA 2521 / Hearing of Appeal; Appeal Dismissed for Non Appearance
Outcome
Appeal dismissed; appellant to pay the first respondent's costs as agreed or taxed.
Legal Topics
['dismissal of Appeal for Non Appearance' 'service at Address for Service' 'costs']
['administrative and Constitutional Law and Human Rights' 'federal Court Procedure'] ['dismissal of Appeal for Non Appearance' 'service at Address for Service' 'costs']

Case Brief

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Procedural Posture

Appeal From BDU18 V Minister for Home Affairs [2018] FCCA 2521 / Hearing of Appeal; Appeal Dismissed for Non Appearance

Legal Issues

  1. 1 ['Whether the appeal should be dismissed where the appellant did not appear at the hearing.' 'Whether the first respondent had served submissions and attempted to notify the appellant at the contact addresses provided by him.']

Ratio Decidendi

The appeal was dismissed because the appellant did not appear when the matter was called, and the Court was satisfied that the first respondent had served submissions, attempted to contact the appellant at the contact addresses provided by him, and notified him that dismissal with costs might be sought if he did not attend.

Court Disposition

Appeal dismissed; appellant to pay the first respondent's costs as agreed or taxed.

Orders

  • ['Grant leave to the first respondent to file in Court the affidavit of Kim Mai Nguyen affirmed 26 February 2019 with a copy to be filed electronically by 4.00 pm on 1 March 2019.' 'Pursuant to r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) the appeal be dismissed.' "The appellant pay the first respondent's...