Minister for Immigration and Citizenship v SZNVW (No 2) [2010] FCAFC 44

Minister for Immigration and Citizenship v SZNVW (No 2) [2010] FCAFC 44

Order 2 made on 10 May 2010 contained slips because it incorrectly referred to the Federal Magistrate rather than the Federal Magistrates Court and failed to dispose of the proceeding below; as the Court's reasons intended that the Federal Magistrates Court proceeding be dismissed with costs, the Court exercised the power under Order 35 rule 7(3) Federal Court Rules to set aside and replace the perfected order.

Jurisdiction
Australia
Judgment Date
20 May 2010
Procedural Posture
Appeal / Correction of Perfected Orders Under the Slip Rule
Outcome
Order 2 made by the Court on 10 May 2010 was set aside and replaced with orders setting aside the Federal Magistrates Court orders of 22 December 2009, dismissing the applicant's application, and ordering the applicant to pay the first respondent's costs.
Legal Topics
['appeal' 'slip Rule' 'perfected Orders' 'federal Court Rules or 35, R 7(3)']
['practice and Procedure' 'immigration'] ['appeal' 'slip Rule' 'perfected Orders' 'federal Court Rules or 35, R 7(3)']

Case Brief

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Procedural Posture

Appeal / Correction of Perfected Orders Under the Slip Rule

Legal Issues

  1. 1 ['Whether the Full Federal Court has power to set aside its own perfected orders where they do not accurately reflect the reasons of the Court.' 'Whether Order 2 made on 10 May 2010 should be set aside and replaced to dispose of the proceeding before the Federal Magistrates Court.']

Ratio Decidendi

Order 2 made on 10 May 2010 contained slips because it incorrectly referred to the Federal Magistrate rather than the Federal Magistrates Court and failed to dispose of the proceeding below; as the Court's reasons intended that the Federal Magistrates Court proceeding be dismissed with costs, the Court exercised the power under Order 35 rule 7(3) Federal Court Rules to set aside and replace the perfected order.

Court Disposition

Order 2 made by the Court on 10 May 2010 was set aside and replaced with orders setting aside the Federal Magistrates Court orders of 22 December 2009, dismissing the applicant's application, and ordering the applicant to pay the first respondent's costs.

Orders

  • ['Order 2 made by this Court on 10 May 2010 be set aside.' "In lieu thereof it be ordered that the orders made by the Federal Magistrates Court on 22 December 2009 be set aside and in lieu thereof it be ordered that the applicant's application be dismissed." "The applicant pay the first respondent's costs."]