Satchithanantham v National Australia Bank

The applicant, Satchithanantham, sought various forms of relief from the Court of Appeal of New South Wales against the National Australia Bank. The application was brought by Notice of Motion and concerned a costs order made by an Associate Justice in proceedings below, as well as a decision of a bench of two judges of the Court of Appeal. The applicant also sought to review orders of the Court of Appeal itself.

The central legal issues before the Court of Appeal were whether it was open to a single judge to review a decision of a bench of two judges, whether such a review was contrary to the appellate structure, and whether there was a jurisdictional basis for the Court to grant a stay of the costs orders made in the proceedings below, particularly in circumstances where leave to appeal against those decisions had been refused. The applicant also sought to challenge the refusal of leave to appeal, a procedural course that was not available in the Court.

Campbell JA reasoned that there was no procedural course open to the applicant in the Court of Appeal to challenge the refusal of leave to appeal. His Honour further held that a single judge could not review the decision of a bench of two judges, as this would be contrary to the established appellate structure. Consequently, the application for a stay of the costs orders lacked a jurisdictional basis. The Court noted that the costs orders had been made in specific amounts to avoid the need for assessment, and that such an order could not be enforced until assessed.

The Notice of Motion was dismissed with costs.