Satchithanantham v Multilink Investments Pty Limited

FEDERAL COURT OF AUSTRALIA

Satchithanantham v Multilink Investments Pty Limited [2002] FCA 974

PRACTICE AND PROCEDURE – interlocutory – appeal proceedings seeking review of decision of Federal Magistrate which affirmed sequestration order made by Registrar – appeal to be heard by single Justice of Federal Court pursuant to direction of Chief Justice – one of appellant’s purported grounds of appeal claims damages against legal representatives of respondent arising from allegedly negligent conduct on their part in the earlier proceedings - motion brought by respondent to have controversial ground of appeal dismissed in advance of appeal hearing – whether that particular ground of appeal misconceived such to require immediate dismissal.

Federal Court of Australia Act 1976 (Cth) subs 25(1A)
Federal Court Rules O 20 sub-r 2(1), O 52 sub-r 18(1)

Satchithanantham v Multilink Investments Pty Ltd [2002] FCA 914 cited

THAMBIAPPAH SATCHITHANANTHAM v MULTILINK INVESTMENTS PTY LIMITED

N 492 of 2002

CONTI J
5 AUGUST 2002
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 492 OF 2002

BETWEEN:	THAMBIAPPAH SATCHITHANANTHAM APPELLANT
AND:	MULTILINK INVESTMENTS PTY LIMITED RESPONDENT
JUDGE:	CONTI J
DATE OF ORDER:	5 AUGUST 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The Appeal, of the appellant, in so far as it relates to Order 3 of the Appellant’s Notice of Appeal filed 28 May 2002, as amended by the Appellant’s Supplementary Notice of Grounds of Appeal filed 2 August 2002, be dismissed.

2.        The costs of the respondent’s motion be reserved.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 492 OF 2002

BETWEEN:	THAMBIAPPAH SATCHITHANANTHAM APPELLANT
AND:	MULTILINK INVESTMENTS PTY LIMITED RESPONDENT

JUDGE:	CONTI J
DATE:	5 AUGUST 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 22 February 2002, Registrar Hedge made a sequestration order in relation to the estate of the appellant Thambiappah Satchithanantham (“Mr Satchi”). On 7 May 2002, Federal Magistrate Driver dismissed an application for review of that sequestration order. Furthermore, on 27 June 2002, Justice Jacobson dismissed an application by the appellant seeking a stay of the sequestration order made by Registrar Hedge on 22 February 2002, which decision is reported as Satchithanantham v Multilink Investments Pty Ltd [2002] FCA 914.

2. Mr Satchi has appealed against the sequestration order of the Federal Magistrate, and on 25 July 2002, I ruled that the appeal is appropriate to be heard by a single Justice of this Court. That appeal will be heard by me, in the exercise of the appellate jurisdiction of the Court, on 12 September 2002, pursuant to a direction made by the Chief Justice on 5 August 2002 under sub-section 25(1A) of the Federal Court of Australia Act 1976 (Cth).

3. One of the orders sought by the original notice of appeal filed by Mr Satchi on 28 May 2002 reads as follows:

   “(3)Order against the respondent’s solicitor’s firm, the Trustee’s counsel Mr Johnson and the respondent’s counsel…