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[1998] FCA 1396
Federal Court of Australia
1998-11-03
Hely J
Original judgment source is linked above.
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
THE COURT ORDERS THAT:
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
EX TEMPORE REASONS FOR JUDGMENT HELY J: This matter was listed for hearing on 29 October last. When the matter was called on for hearing, Mr Chowdhury did not appear, nor had he given any prior intimation of any inability to appear. He had, however, sent to my associate a certificate from a medical practitioner indicating that he was unable to attend normal duties from 26 October until 30 October. Because of the receipt of that certificate, I adjourned the matter until today and directed that notification of the adjournment be given to Mr Chowdhury, together with an intimation that if he did not appear on this occasion, the matter could be dealt with in his absence. A letter was sent to him by the Crown Solicitor on 29 October 1998 in accordance with that direction and the matter was called on for hearing again today. Once more, Mr Chowdhury did not appear and he has not given any prior notification either to the Court or to the Australian Government solicitor of any inability to appear today.
In those circumstances, I think that I should accede to Ms Backman's submission that an order should be made under Order 32 dismissing the proceedings and I propose so to order. I order that the application be dismissed with costs. I certify that this and the preceding one (1) page is a true copy of the Reasons for Judgment herein of the Honourable Justice Hely
Associate: Dated: Applicant: No appearance
Counsel for the Respondent: Ms Backman with Ms Cheetham
Solicitor for the Respondent: Australian Government Solicitor