Satchithanantham v National Australia Bank

NEW SOUTH WALES COURT OF APPEAL

CITATION:
Satchithanantham v National Australia Bank [2008] NSWCA 168

FILE NUMBER(S):
40044/08

HEARING DATE(S):
14 July 2008

JUDGMENT DATE:
14 July 2008

EX TEMPORE DATE:
14 July 2008

PARTIES:
Thambiappah Satchitchanantham (First Applicant
Bramooth Satchitchanantham (Second Applicant)
National Australia Bank Limited (Respondent)

JUDGMENT OF:
Campbell JA     

LOWER COURT JURISDICTION:
Supreme Court - Common Law Division

LOWER COURT FILE NUMBER(S):
15249/05

LOWER COURT JUDICIAL OFFICER:
James J

LOWER COURT DATE OF DECISION:
12 December 2007

COUNSEL:
First Appellant, in person (Applicants)
R Rydge (Respondent)

SOLICITORS:
First Appellant, in person (Applicants)
Dibbs Abbott Stillman (Respondent)

CATCHWORDS:
PRACTICE AND PROCEDURE – application brought on Notice of Motion in proceedings in Court of Appeal seeking leave to appeal – where final hearing has taken place and application for leave to appeal rejected – circumstances in which relief can be obtained in proceedings after final relief has been decided – application to set aside costs order of Associate Justice in proceedings below – where no application to appeal against order made – contention that Judge in proceedings below erred in arriving at quantum of costs order – where leave to appeal against that decision sought but not granted – review sought of decision of bench of two judges by a single judge – whether open on authorities to make such an  order – whether contrary to appellate structure – review  sought of order of Registrar dismissing motion seeking to vary costs orders in Court of Appeal and court below and review of orders of Court of Appeal – where costs order cannot be enforced as a matter of law until assessed – where orders made in specific amounts to avoid need for costs assessment – where no procedural course open in this Court to challenge refusal of leave to appeal – application for stay of costs orders in proceedings below – whether jurisdictional basis for order – where no application made for leave to appeal from judgments

LEGISLATION CITED:

CASES CITED:

TEXTS CITED:

DECISION:
Notice of Motion dismissed with costs.

JUDGMENT:

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

CA 40044/08
SC 15249/05

CAMPBELL JA

14 JULY 2008

THAMBIAPPAH SATCHITHANANTHAM v NATIONAL AUSTRALIA BANK

Ex Tempore Judgment

1. CAMPBELL JA:  This is an application that is brought on a Notice of Motion in proceedings 40044 of 2008 in the Court of Appeal.  Those proceedings are ones which sought leave to appeal from a judgment that had been given by James J on 12 December 2007 in proceedings 15249 of 2005. 

2. The proceedings that James J was hearing were proceedings seeking possession of a residential property at 76 Houison Street, Westmead.  The sole defendant in the proceedings was Mr Satchithanantham’s wife.  Mr Satchithanantham had made various applications in the course of the proceedings to be added as a defendant.  There were in all four separate notices of motion in which he sought that relief.  On at least some of the occasions he also sought that he be…