Minister for Immigration and Citizenship v SZNVW

REASONS FOR JUDGMENT 1 This Court delivered judgment in this matter on 10 May 2010. Order 2 of those orders was in these terms: 2. The decision of the magistrate be set aside. 2 That order contains two slips. First, the Court below was not the Federal Magistrate but, in fact, the Federal Magistrates Court. Secondly, the orders of the Court did not dispose of the proceeding before that Court. It was the intention of the Court by its earlier reasons that the proceeding before the Federal Magistrates Court should have been dismissed with costs. The orders, by oversight, failed to do this. In those circumstances, it is appropriate to exercise the power under Order 35 rule 7(3) Federal Court Rules which allows a court to rectify perfected orders "when it can be shown that a court order does not correctly reflect the court's decision as contained in its reasons": DJL v Central Authority (2000) 201 CLR 226 at 263 [93] per Kirby J (with whom Gleeson CJ, Gaudron, McHugh, Gummow and Hayne JJ agreed at 244 [34]). We would set aside Order 2 made on 10 May 2010, ex mero motu, and in lieu thereof order that: The orders made by the Federal Magistrates Court on 22 December 2009 be set aside and in lieu thereof it be ordered that: (a) The applicant's application be dismissed. (b) The applicant pay the first respondent's costs. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Keane and Justices Emmett and Perram