Masud v Minister for Immigration & Multicultural Affairs [2001] FCA 1485

Masud v Minister for Immigration & Multicultural Affairs [2001] FCA 1485

Because the applicant had not appeared, had indicated he wished to discontinue, had filed no notice of discontinuance, and appeared to have abandoned his case, there was no utility in adjourning the matter and it was appropriate to dismiss the application and order costs for the respondent.

Jurisdiction
Australia
Judgment Date
23 May 2001
Procedural Posture
Application / Hearing; Applicant Did Not Appear After Indicating He Wished to Discontinue the Proceeding
Outcome
Application dismissed with costs.
Legal Topics
['non Appearance' 'discontinuance' 'dismissal of Application' 'costs']
['civil Procedure' 'immigration'] ['non Appearance' 'discontinuance' 'dismissal of Application' 'costs']

Case Brief

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Procedural Posture

Application / Hearing; Applicant Did Not Appear After Indicating He Wished to Discontinue the Proceeding

Legal Issues

  1. 1 ['Whether the application should be dismissed where the applicant did not appear and had indicated he wished to discontinue the proceeding.' "Whether the applicant should pay the respondent's costs."]

Ratio Decidendi

Because the applicant had not appeared, had indicated he wished to discontinue, had filed no notice of discontinuance, and appeared to have abandoned his case, there was no utility in adjourning the matter and it was appropriate to dismiss the application and order costs for the respondent.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application is dismissed.' "The applicant pay the respondent's costs."]