CITATION: Satchithanantham v National Australia Bank [2010] NSWSC 1338 HEARING DATE(S): 15 November 2010
JUDGMENT DATE :
15 November 2010JURISDICTION: Equity JUDGMENT OF: White J EX TEMPORE JUDGMENT DATE: 15 November 2010 DECISION: Order that the notice of motion be dismissed. Exhibits may be returned after 28 days. CATCHWORDS: REAL PROPERTY – application to extend caveat – application made on day of expiry of caveat – where registered mortgagee exercised power of sale – where caveator undischarged bankrupt – interest of registered mortgagee prevails over caveator’s interest – application to restrain completion of sale by mortgagee – no standing or basis to restrain completion – abuse of process – repeated application for interlocutory relief where no material change in circumstances or fresh evidence CATEGORY: Procedural and other rulings CASES CITED: Satchithanantham v NAB [2008] NSWSC 1097
Wonderland Business Park Pty Ltd v Hartford Lane Pty Ltd [2001] NSWSC 86
Malouf v Donohue [2001] NSWSC 335TEXTS CITED: ELG Tyler, PW Young, C Croft, Fisher and Lightwood’s Law of Mortgage, 2nd Aust ed (2005) LexisNexis Butterworths PARTIES: Plaintiff: Thambiappah Satchithanantham
Defendant: National Australia BankFILE NUMBER(S): SC 2007/258225 COUNSEL: Plaintiff: in person
Defendant: ex parteSOLICITORS: Plaintiff: n/a
Defendant: Makinson & d'Apice Lawyers
IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION
DUTY JUDGE’S LIST
WHITE J
Monday, 15 November 2010
2007/258225 Thambiappah Satchithanantham v National Australia Bank
JUDGMENT
1 HIS HONOUR: Late this afternoon, Mr Thambiappah Satchithanantham has filed a notice of motion in which he has named as first applicant, Bramooth Satchithanantham, whom I understand to be his son, and as second applicant, Hemalathasothyranjini Satchithanantham, his wife. The respondents to the notice of motion are the National Australia Bank and a Ms Jane Hodgeman named as solicitor. Mr Satchithanantham appears for himself and he also seeks to appear for his wife and son.
2 I have refused that leave having regard to orders made in other proceedings and in the Court of Appeal in which Mr Satchithanantham has been restrained from filing and serving any notice of motion, or from making any oral application, on his own behalf or on behalf of his wife or son without the leave of a judge.
3 The relief sought includes an order extending the operation of two caveats which, I am told, were due to lapse today, and an order restraining completion of a sale which it appears is due to be completed shortly. This is a sale entered into by the National Australia Bank as registered mortgagee of the property on about 25 September 2010. On 24 September 2010 Rein J was asked to restrain the National Australia Bank from entering into any contract for sale of the subject property. His Honour refused that application. His Honour noted that the application before him was brought in proceedings number 2007/258225 (which his Honour called the 2007 proceedings, as will I). His Honour recorded that in a judgment (Satchithanantham v NAB [2008] NSWSC 1097) I rejected an appeal…
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- Case
- [2010] NSWSC 1338
- Decision Date
CaseChat Overview and Summary
The court found that the bank's power of sale was valid and enforceable, as the bank’s interest as the registered mortgagee took precedence over the caveator’s interest. The court also held that the application to extend the caveat was an abuse of process, as it was made on the very day the caveat was set to expire and there had been no material change in circumstances or new evidence presented. The court further ruled that the caveator had no standing to seek an order to restrain the sale, as the bank’s interest as the registered mortgagee was superior. The repeated applications for interlocutory relief were seen as an abuse of the court process, with no valid basis or new evidence to warrant such relief.
The court dismissed the application for an extension of the caveat and the application to restrain the sale. The bank was permitted to proceed with the sale of the property, as it was the rightful owner under the registered mortgage. The court warned the caveator against making further applications for interlocutory relief without a material change in circumstances or new evidence, to avoid further abuse of the court process.
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