Satchithanantham v National Australia Bank - [2010] NSWCA 243

NEW SOUTH WALES COURT OF APPEAL

CITATION:
Satchithanantham & Ors v National Australia Bank [2010] NSWCA 243

FILE NUMBER(S):
CA 2009/298148

HEARING DATE(S):
13/09/10

JUDGMENT DATE:
13 September 2010

EX TEMPORE DATE:
13 September 2010

PARTIES:
Hemalathasothy Ranjini SATCHITHANANTHAM (applicant)
NATIONAL AUSTRALIA BANK LIMITED (respondent)

JUDGMENT OF:
Macfarlan JA Handley AJA Sackville AJA

LOWER COURT JURISDICTION:
Supreme Court

LOWER COURT FILE NUMBER(S):
24 May 2010 and various

LOWER COURT JUDICIAL OFFICER:
Hodgson JA and various

COUNSEL:
Mr Krishnar, solicitor - Applicant
Ms N Bearup - Respondent

SOLICITORS:

Dibbs Baker - Respondent

CATCHWORDS:
ABUSE OF PROCESS – Court not bound to entertain argument where proceedings clearly abusive.
PRACTICE and PROCEDURE – Court not bound to entertain argument where proceedings clearly abusive.

LEGISLATION CITED:
Contracts Review Act

CATEGORY:
Procedural and other rulings

CASES CITED:

TEXTS CITED:

DECISION:
Order that the three notices of motion filed by the applicants on 7 June, 24 June and 6 August 2010 be dismissed with costs.

JUDGMENT:

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

09/298148
MACFARLAN JA
HANDLEY AJA
SACKVILLE AJA
MONDAY 13 SEPTEMBER 2010

NATIONAL AUSTRALIA BANK v HEMALATHASOTHY RANIJINI SATCHITHANANTHAM
HEMALATHASOTHY RANIJINI SATCHITHANANTHAM v NATIONAL AUSTRALIA BANK LIMITED

CATCHWORDS
ABUSE OF PROCESS – Court not bound to entertain argument where proceedings clearly abusive.
PRACTICE and PROCEDURE – Court not bound to entertain argument where proceedings clearly abusive.
HEADNOTE
Three motions by the applicant to review interlocutory and final orders of the Court were summarily dismissed without a hearing where the decision of this Court on 2 September 2009 and the refusal of special leave by the High Court on 23 April 2010 had finally determined the rights of the parties and the judgment for possession in favour of the Bank had been enforced.
ORDERS
The three notices of motion filed by the applicants on 7 June, 24 June and 6 August 2010 dismissed with costs.

IN THE SUPREME COURT

OF NEW SOUTH WALES
COURT OF APPEAL

09/298148
MACFARLAN JA
HANDLEY AJA
SACKVILLE AJA
MONDAY 13 SEPTEMBER 2010

NATIONAL AUSTRALIA BANK v HEMALATHASOTHY RANIJINI SATCHITHANANTHAM
HEMALATHASOTHY RANIJINI SATCHITHANANTHAM v NATIONAL AUSTRALIA BANK LIMITED

JUDGMENT

HANDLEY AJA: The Court has before it notices of motion filed by or on behalf of one or other of Mr Satchi and Mrs Satchi (as they have generally been described) and their son. I will refer to the Satchi parties collectively as the applicants.
The first notice of motion filed on 7 June 2010 sought a review of the orders of Hodgson JA of 24 May 2010. The second filed on 24 June sought a review of the orders made by the Court and the Common Law Division between 22 May 2006 and 26 May 2010. They include orders made by Campbell JA on 14 July 2008 and those made by Giles JA on 15 June 2009. The third notice of motion filed on 6 August sought stays of all orders made in the Common Law Division between 21 March 2006 and 26 May 2010, stays…

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 243
Decision Date: 13 September 2010

CaseChat Overview and Summary

The applicants, Satchithanantham and others, brought proceedings against the National Australia Bank. The dispute concerned the applicants' attempt to pursue arguments that had already been determined by the court in previous proceedings. The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether it was bound to entertain arguments advanced by the applicants that constituted an abuse of process. Specifically, the court had to consider the circumstances under which it could refuse to hear arguments that had been litigated and decided in earlier judgments.

The Court of Appeal held that it was not bound to entertain arguments that constituted a clear abuse of process. The court reasoned that allowing such arguments would undermine the finality of judgments and the efficient administration of justice. The court found that the applicants' attempts to re-litigate issues already decided were vexatious and an abuse of the court's process. Consequently, the court dismissed the applicants' applications.

The Court of Appeal ordered that the three notices of motion filed by the applicants on 7 June, 24 June and 6 August 2010 be dismissed with costs.

Orders

Orders of the court

Order that the three notices of motion filed by the applicants on 7 June, 24 June and 6 August 2010 be dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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