Khan v Migration Agent Registration Authority [2006] FCA 47

Khan v Migration Agent Registration Authority [2006] FCA 47

Even assuming the Court had power to set aside the orders, the history of the matter, the applicant's non-appearance on several occasions including the hearing, and the reasons given by Mr Markus made it appropriate to dismiss the application with costs.

Jurisdiction
Australia
Judgment Date
01 February 2006
Procedural Posture
Application to Set Aside Orders Dismissing an Appeal / Application Dismissed
Outcome
The application to set aside the orders made on 27 July 2005 was dismissed with costs.
Legal Topics
['application to Set Aside Orders' 'non Appearance' 'costs']
['practice and Procedure'] ['application to Set Aside Orders' 'non Appearance' 'costs']

Case Brief

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Procedural Posture

Application to Set Aside Orders Dismissing an Appeal / Application Dismissed

Legal Issues

  1. 1 ["Whether the orders made on 27 July 2005 dismissing the applicant's appeal should be set aside." 'Whether the Court had power to set aside the orders made on 27 July 2005.']

Ratio Decidendi

Even assuming the Court had power to set aside the orders, the history of the matter, the applicant's non-appearance on several occasions including the hearing, and the reasons given by Mr Markus made it appropriate to dismiss the application with costs.

Court Disposition

The application to set aside the orders made on 27 July 2005 was dismissed with costs.

Orders

  • ['The application to set aside the orders made on 27 July 2005 be dismissed.' "The applicant pay the respondent's costs."]