Satchithanantham v Multilink Investments Pty Ltd

FEDERAL COURT OF AUSTRALIA

Satchithanantham v Multilink Investments Pty Limited [2002] FCA 1277

BANKRUPTCY – appeal from sequestration order of Federal Magistrate – previously represented appellant now unrepresented – appeal heard by single justice – stay application pending outcome of application for special leave to appeal to High Court previously dismissed by another justice of the Court – multitudinous purported grounds of appeal advanced in relation to Federal Magistrate’s decision – primary ground of appeal related to service of bankruptcy notice – other grounds of appeal related to service of creditor’s petition and refusal to adjourn bankruptcy proceedings pending outcome of decision of High Court on bankrupt’s application for special leave to appeal – no error in reasons for decision of Federal Magistrate – appeal dismissed.

Federal Court of Australia Act 1976 (Cth) subs 25(1A)
Bankruptcy Act 1966 (Cth) subs 41(5)

Bankruptcy Regulations regs 16.01(1), 16.01(2)

Martin v The Commonwealth Bank of Australia [2001] FCA 87 cited
Ahern v Deputy Commissioner of Taxation (1987) 76 ALR 137 referred to
Bryant v Commonwealth Bank of Australia (1996) 134 ALR 460 referred to
Satchithanantham v Multilink Investments Pty Limited [2002] FCA 914 referred to
Satchithanantham v Multilink Investments Pty Limited [2002] FCA 974 referred to
Re Tadeusz Stec; Ex parte Peter Scragg [1997] 462 FCA (30 May 1997) cited
Bendigo Bank Ltd v Williams (2000) 98 FCR 377 referred to
Kirk v Ashdown [1999] FCA 1664 referred to
Trustees of the Franciscan Missionaries of Maryv Weir (2000) 98 FCR 447 cited
Wilcox v Cottrell [2001] FCA 1357 cited

THAMBIAPPAH SATCHITHANANTHAM v MULTILINK INVESTMENTS PTY LIMITED

N 492 OF 2002

CONTI J
18 OCTOBER 2002
SYDNEY

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

IN THE MATTER OF THAMBIAPPAH SATCHITHANANTHAM

BETWEEN:	THAMBIAPPAH SATCHITHANANTHAM APPELLANT
AND:	MULTILINK INVESTMENTS PTY LIMITED RESPONDENT
JUDGE:	CONTI J
DATE OF ORDER:	18 OCTOBER 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.        Appeal be dismissed.

2.        The appellant pay the respondent’s costs of the appeal.

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

IN THE MATTER OF THAMBIAPPAH SATCHITHANANTHAM

BETWEEN:	THAMBIAPPAH SATCHITHANANTHAM APPELLANT
AND:	MULTILINK INVESTMENTS PTY LIMITED RESPONDENT
JUDGE:	CONTI J
DATE:	18 OCTOBER 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

The proceedings before the Federal Magistrate

1. In these reasons for judgment, I should state at the outset, because of the number of proceedings which I must address, that I have referred throughout these reasons for judgment to Mr Satchithanantham always as “appellant” and Multilink Investments Pty Limited always as “respondent”. On 7 May 2002, Federal Magistrate Driver dismissed an application for review of a sequestration order made by Registrar Hedge on 22 February 2002 against the appellant, at the instance of the respondent, his Honour having undertaken a re-hearing of those prior bankruptcy proceedings before the Registrar which had led to the making of that…