Satchithanantham v National Australia Bank Ltd

[2011] NSWCA 213

Court of Appeal

New South Wales

Case Title:

Satchithanantham v National Australia Bank Ltd

Medium Neutral Citation:

[2011] NSWCA 213

Hearing Date(s):

25 July 2011

Decision Date:

25 July 2011

Jurisdiction:

Before:

Hodgson JA

Decision:

Notice of Motion dismissed.
[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

PROCEDURE - Abuse of process.

Legislation Cited:

Cases Cited:

Satchithanantham v National Australia Bank Ltd [2009] NSWCA 268
Satchithanantham v National Australia Bank [2010] NSWCA 118
Satchithanantham and Ors v National Australia Bank [2010] NSWCA 243
National Australia Bank v Satchithanantham [2010] NSWCA 244
Satchithanantham v National Australia Bank [2010] NSWSC 1338
Satchi & Satchi Australia Pty Ltd v Zeaiter Corporate Holdings Pty Ltd [2011] NSWSC 734

Texts Cited:

Category:

Procedural and other rulings

Parties:

first appellant:  Thambiappah SATCHITHANANTHAM
second appellant:  Hamalathasothy SATCHITHANANTHAM
third appellant:  Bramooth SATCHITHANANTHAM
fourth appellant:  SATCHI & SATCHI AUSTRALIA
Fifth appellant:  Sivamani THAMBIAPPAH, now known as Sivamani Thayaparan

first respondent:  NATIONAL AUSTRALIA BANK LTD (ABN 12 004 044 937)
second respondent:  Emma Jane  HODGMAN
third respondent:  RAY WHITE REAL ESTATE, Parramatta
fourth respondent:  LOCAL COURT & SHERIFF, Parramatta
fifth respondent:  KING MORTGAGES PTY LTD (ABN 62 105 890 971) (in liquidation)
sixth respondent:  CASH KING PTY LTD (ABN 191 086 718 407) (in liquidation)
seventh respondent:  Mrs Anusuya NAGENDRA & Mr Nagendra SEETARAMIAH
eighth respondent:  INSOLVENCY AND TRUSTEE SERVICES AUSTRALIA

Representation

- Counsel:

applicant/first appellant:  Mr Satchithanantham in person
respondent National Australia Bank:  Ms N Bearup

- Solicitors:

File number(s):

2007/00258225

Decision Under Appeal

- Court / Tribunal:

- Before:

The Registrar

- Date of Decision:

18 May 2011

- Citation:

- Court File Number(s)

2007/00258225

Publication Restriction:

Judgment

1. HIS HONOUR: I have before me a notice of motion which is said to be filed in relation to the decision made by the registrar on 18 May 2011, and is said to be listed for directions before the Court on 25 July 2011.

1. The notice of motion is expressed in terms which are difficult to understand; and I have permitted Mr Satchithanantham to tell me what is the substance of what he is attempting to achieve by this notice of motion. From his explanation, it seems clear that this is an attempt being made, following earlier similar attempts, to reopen questions that have been finally determined by decisions of this Court, notably a Court of Appeal decision that was made on 2 September ([2009] NSWCA 268), in respect of which the High Court refused special leave to appeal on 23 April 2010.

1. Since that time there have been many applications made by the applicant seeking to overturn, or go behind, that decision. Among others, there might be mentioned an application to reopen a matter which was dismissed by me on 24 May 2010: see [2010] NSWCA 118. There were three similar notices of motion to similar effect dismissed by the Court of Appeal in 2010: see [2010] NSWCA 243. On 28 September 2010 the Court of Appeal made orders restraining Mr Satchithanantham, on his own behalf and on behalf of his wife and/or son, from bringing further applications in those proceedings: see [2010] NSWCA 244.

1. On 15 November 2010, White J refused an application made by Mr Satchithanantham, purportedly on behalf of himself, his wife and his son, to extend a caveat over the same property as had been dealt with in the previous proceedings: see [2010] NSWSC 1338; and on 14 July 2011, Schmidt J made orders restraining Mr Satchithanantham from lodging caveats over this property: see [2011] NSWSC 734.

1. In what appears to be the current appeal, the registrar on 18 May 2011 noted a letter from Mr Satchithanantham's trustee in bankruptcy, abandoning actions being dealt with by him. It was put to the registrar that there were five appellants, and the registrar indicated to Mr Satchithanantham that he did not have leave to appear for them, and they were not before the Court; and on that basis, the registrar treated the appeal as discontinued.

1. The situation before me is that Mr Satchithanantham is before me and is still a bankrupt. He has no leave to appear for any of the other applicants, and I do not grant that leave. Having regard to the history of the matter that I have outlined, and having regard to the content of the notice of motion which I have read, it is in my view clear that this is an abuse of process; and on that basis, as well as on the basis of the matters referred to by the registrar, in my opinion this notice of motion should be dismissed.

1. Accordingly the order of the Court is: the notice of motion is dismissed.

oOo