National Australia Bank v Satchithanantham - [2010] NSWCA 244

New South Wales

Court of Appeal

CITATION: National Australia Bank v Satchithanantham [2010] NSWCA 244

HEARING DATE(S): 13/09/10

JUDGMENT DATE:
28 September 2010

JUDGMENT OF: Macfarlan JA at 1; Handley AJA at 2; Sackville AJA at 37

DECISION: 1. Hemalathasothy Ranjini Satchithanantham is restrained from filing and serving any notice of motion and from making any oral application in these proceedings, either on her own behalf or on behalf of Bramooth Satchithanantham without the leave of a Judge of the Court.
2. If Hemalathasothy Ranjini Satchithanantham, without the leave of a Judge of the Court, files or serves any notice of motion in these proceedings, National Australia Bank Limited is not required to attend at the return of the notice of motion, or to participate in the proceedings upon the notice of motion unless a Judge of the Court otherwise directs, and unless a Judge of the Court thinks fit to give such direction, any such notice of motion shall be dismissed without being heard.
3. Leave pursuant to order 1 is to be sought by written application setting out the full basis on which leave is sought and the full basis for the claim for relief with a copy of the proposed notice of motion.
4. No oral hearing will take place on the application for leave, which will be determined on the papers without notice to other parties, unless a Judge of the Court otherwise directs.
Orders Against Thambiappah Satchithanantham
5. Thambiappah Satchithanantham is restrained from filing and serving any notice of motion and from making any oral application in these proceedings, on his own behalf or on behalf of Hemalathasothy Ranjini or Bramooth Satchithanantham without the leave of a Judge of the Court.
6. If Thambiappah Satchithanantham, without the leave of a Judge of the Court, files or serves any notice of motion in these proceedings, National Australia Bank Limited is not required to attend at the return of the notice of motion, or to participate in proceedings upon the notice of motion unless a Judge of the Court otherwise directs, and unless a Judge of the Court thinks fit to give such direction, any such notice of motion shall be dismissed without being heard.
7. Leave pursuant to order 5 is to be sought by written application setting out the full basis on which leave is sought and the full basis for the claim for relief with a copy of the proposed notice of motion.
8. No oral hearing will take place on the application for leave, which will be determined on the papers without notice to other parties, unless a Judge of the Court otherwise directs.
9.The respondents to pay the Bank’s costs of this motion.

CATCHWORDS: ABUSE OF PROCESS – inherent jurisdiction – extends to restraining interlocutory applications after final judgment. - COURT & JUDGES – inherent jurisdiction – abuse of process – power to prevent in existing proceedings – extends to restraining interlocutory applications after final judgment. - PRACTICE & PROCEDURE – abuse…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2010] NSWCA 244
Decision Date: 28 September 2010

CaseChat Overview and Summary

In the New South Wales Court of Appeal, National Australia Bank Limited (the Bank) sought orders to restrain Hemalathasothy Ranjini Satchithanantham and Thambiappah Satchithanantham from making further interlocutory applications in the proceedings without leave. The dispute arose from repeated interlocutory applications filed by the respondents after a final judgment had been entered in favour of the Bank.

The primary legal issue before the Court of Appeal was whether the Court possessed the inherent jurisdiction to restrain parties from filing further interlocutory applications after a final judgment had been entered, and if so, whether the circumstances warranted the exercise of such jurisdiction. The Court was required to consider the scope of the Court's inherent power to prevent abuse of process.

The Court of Appeal held that its inherent jurisdiction to prevent abuse of process extends to restraining parties from making interlocutory applications after a final judgment has been entered. The Court reasoned that the respondents' persistent and repetitive applications, which lacked merit and served no legitimate purpose, constituted an abuse of process. Applying this principle, the Court found that the respondents' conduct had caused significant disruption and expense to the Bank, justifying the imposition of restraints.

Consequently, the Court ordered that Hemalathasothy Ranjini Satchithanantham and Thambiappah Satchithanantham be restrained from filing or making any further interlocutory applications in the proceedings without the leave of a Judge of the Court. The orders stipulated the procedure for seeking such leave, requiring a written application detailing the basis for the request and the proposed relief. The Court also ordered that the respondents pay the Bank's costs of the motion.

Orders

Orders of the court

1. Hemalathasothy Ranjini Satchithanantham is restrained from filing and serving any notice of motion and from making any oral application in these proceedings, either on her own behalf or on behalf of Bramooth Satchithanantham without the leave of a Judge of the Court.

2. If Hemalathasothy Ranjini Satchithanantham, without the leave of a Judge of the Court, files or serves any notice of motion in these proceedings, National Australia Bank Limited is not required to attend at the return of the notice of motion, or to participate in the proceedings upon the notice of motion unless a Judge of the Court otherwise directs, and unless a Judge of the Court thinks fit to give such direction, any such notice of motion shall be dismissed without being heard.

3. Leave pursuant to order 1 is to be sought by written application setting out the full basis on which leave is sought and the full basis for the claim for relief with a copy of the proposed notice of motion.

4. No oral hearing will take place on the application for leave, which will be determined on the papers without notice to other parties, unless a Judge of the Court otherwise directs.

Orders Against Thambiappah Satchithanantham

5. Thambiappah Satchithanantham is restrained from filing and serving any notice of motion and from making any oral application in these proceedings, on his own behalf or on behalf of Hemalathasothy Ranjini or Bramooth Satchithanantham without the leave of a Judge of the Court.

6. If Thambiappah Satchithanantham, without the leave of a Judge of the Court, files or serves any notice of motion in these proceedings, National Australia Bank Limited is not required to attend at the return of the notice of motion, or to participate in proceedings upon the notice of motion unless a Judge of the Court otherwise directs, and unless a Judge of the Court thinks fit to give such direction, any such notice of motion shall be dismissed without being heard.

7. Leave pursuant to order 5 is to be sought by written application setting out the full basis on which leave is sought and the full basis for the claim for relief with a copy of the proposed notice of motion.

8. No oral hearing will take place on the application for leave, which will be determined on the papers without notice to other parties, unless a Judge of the Court otherwise directs.

9.The respondents to pay the Bank’s costs of this motion.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	National Australia Bank v Satchithanantham [2010] NSWCA 244
HEARING DATE(S):	13/09/10
JUDGMENT DATE:	28 September 2010
JUDGMENT OF:	Macfarlan JA at 1; Handley AJA at 2; Sackville AJA at 37
DECISION:	1. Hemalathasothy Ranjini Satchithanantham is restrained from filing and serving any notice of motion and from making any oral application in these proceedings, either on her own behalf or on behalf of Bramooth Satchithanantham without the leave of a Judge of the Court. 2. If Hemalathasothy Ranjini Satchithanantham, without the leave of a Judge of the Court, files or serves any notice of motion in these proceedings, National Australia Bank Limited is not required to attend at the return of the notice of motion, or to participate in the proceedings upon the notice of motion unless a Judge of the Court otherwise directs, and unless a Judge of the Court thinks fit to give such direction, any such notice of motion shall be dismissed without being heard. 3. Leave pursuant to order 1 is to be sought by written application setting out the full basis on which leave is sought and the full basis for the claim for relief with a copy of the proposed notice of motion. 4. No oral hearing will take place on the application for leave, which will be determined on the papers without notice to other parties, unless a Judge of the Court otherwise directs. Orders Against Thambiappah Satchithanantham 5. Thambiappah Satchithanantham is restrained from filing and serving any notice of motion and from making any oral application in these proceedings, on his own behalf or on behalf of Hemalathasothy Ranjini or Bramooth Satchithanantham without the leave of a Judge of the Court. 6. If Thambiappah Satchithanantham, without the leave of a Judge of the Court, files or serves any notice of motion in these proceedings, National Australia Bank Limited is not required to attend at the return of the notice of motion, or to participate in proceedings upon the notice of motion unless a Judge of the Court otherwise directs, and unless a Judge of the Court thinks fit to give such direction, any such notice of motion shall be dismissed without being heard. 7. Leave pursuant to order 5 is to be sought by written application setting out the full basis on which leave is sought and the full basis for the claim for relief with a copy of the proposed notice of motion. 8. No oral hearing will take place on the application for leave, which will be determined on the papers without notice to other parties, unless a Judge of the Court otherwise directs. 9.The respondents to pay the Bank’s costs of this motion.
CATCHWORDS:	ABUSE OF PROCESS – inherent jurisdiction – extends to restraining interlocutory applications after final judgment. - COURT & JUDGES – inherent jurisdiction – abuse of process – power to prevent in existing proceedings – extends to restraining interlocutory applications after final judgment. - PRACTICE & PROCEDURE – abuse…