NACW v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 822

NACW v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCA 822

The applicant, having been duly notified of the hearing and having failed to appear or provide adequate reason for his absence, is not entitled to have the earlier dismissal set aside, and the motion is dismissed with costs.

Jurisdiction
Australia
Judgment Date
05 August 2003
Procedural Posture
Motion to Set Aside Order / Post Judgment Motion
Outcome
motion dismissed with costs
Legal Topics
['setting Aside Judgment' 'failure to Appear']
['immigration Law' 'civil Procedure'] ['setting Aside Judgment' 'failure to Appear']

Case Brief

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Procedural Posture

Motion to Set Aside Order / Post Judgment Motion

Legal Issues

  1. 1 ["Whether the applicant's failure to appear justifies setting aside the order dismissing the appeal"]

Ratio Decidendi

The applicant, having been duly notified of the hearing and having failed to appear or provide adequate reason for his absence, is not entitled to have the earlier dismissal set aside, and the motion is dismissed with costs.

Court Disposition

motion dismissed with costs

Orders

  • ['The motion be dismissed with costs.']