Mircevski v Pattison

REASONS FOR JUDGMENT 1 At the hearing of this matter the applicant sought leave, through his counsel, Mr Slater, "to withdraw this matter before the court in whole". This, in effect, was an application to discontinue the proceeding. 2 Counsel for the first respondent, Mr Fary, opposed the applicant's application to discontinue and made submissions seeking that the matter be dismissed instead. Mr Fary submitted that "[t]oday is the hearing. There is no evidence before the court and so the court is in a position to dismiss the application." Mr Slater then confirmed that the applicant had no evidence to present on his application. 3 I found Mr Fary's submissions for dismissal of the matter persuasive and consequently made the orders set out above. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall.