Applicant S443/2002; Ex parte - Re MIMIA [2003] HCATrans 325 (26 August 2003)

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Applicant S443/2002; Ex parte - Re MIMIA [2003] HCATrans 325 (26 August 2003)

Last Updated: 2 September 2003

[2003] HCATrans 325

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S443 of 2002

In the matter of -

An application for Writs of Mandamus, Certiorari and Prohibition against PHILIP RUDDOCK, THE MINISTER FOR IMMIGRATION AND MULTICULTURAL AND INDIGENOUS AFFAIRS

Respondent

Ex parte –

APPLICANT S443/2002

Applicant/Prosecutor

GUMMOW J

(In Chambers)

TRANSCRIPT OF PROCEEDINGS

AT SYDNEY ON TUESDAY, 26 AUGUST 2003, AT 9.38 AM

Copyright in the High Court of Australia

MR S.B. LLOYD: May it please the Court, I appear for the Minister for Immigration. (instructed by Blake Dawson Waldron)

HIS HONOUR: The Minister seems to be the only party on that side of the record, looking at the draft order nisi.

MR LLOYD: I think that is so, your Honour, because it is not relating to the Tribunal.

HIS HONOUR: Yes, that is right. Call the matter outside the Court.

COURT OFFICER: No appearance, your Honour.

HIS HONOUR: Yes, thank you. Now, this matter seems to have started off by a draft order nisi filed on 2 December 2002 and then it was dealt with by Justice Gaudron in her callover of a large number of matters on 6 February 2003 and it is mentioned, I think, at lines 1945 of the transcript and following. Nothing has been done by the applicant to advance the matter. Efforts by the Registry to contact the applicant have been consistently unsuccessful. What should I now do?

MR LLOYD: Your Honour can make an order dismissing the matter under Order 36 rule 24 of the Rules.

HIS HONOUR: Thank you.

MR LLOYD: Yes, “trial” is defined to include hearing and “plaintiff” is defined to include anyone seeking relief and “defendant” is defined to include anyone against whom relief is sought. Those definitions appear in Order 1 rule 5.

HIS HONOUR: Yes, I think that is right. I should simply order that the application be dismissed.

MR LLOYD: I would seek costs as well, your Honour.

HIS HONOUR: Dismissed with costs.

MR LLOYD: Your Honour might have to certify for counsel.

HIS HONOUR: And I certify for the attendance of counsel.

AT 9.41 AM THE MATTER WAS CONCLUDED