Satchithanantham v National Australia Bank Ltd [2011] NSWCA 213

Satchithanantham v National Australia Bank Ltd [2011] NSWCA 213

The notice of motion was dismissed on the basis it was an abuse of process, as it was a repeated effort to reopen matters already finally determined, in the face of previous prohibitive orders.

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; Second Respondent: Emma Jane Hodgman; Third Respondent: Ray White Real Estate, Parramatta; Fourth Respondent: Local Court & Sheriff, Parramatta; Fifth Respondent: King Mortgages Pty Ltd (in liquidation); Sixth Respondent: Cash King Pty Ltd (in liquidation); Seventh Respondent: Mrs Anusuya Nagendra & Mr Nagendra Seetaramiah; Eighth Respondent: Insolvency and Trustee Services Australia
Jurisdiction
Australia
Judgment Date
25 July 2011
Procedural Posture
Notice of Motion; Appeal / Hearing of Notice of Motion; Post Registrar Decision
Outcome
Notice of motion dismissed
Legal Topics
Abuse of Process
Civil Procedure Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Thambiappah Satchithanantham

First Appellant

Hamalathasothy Satchithanantham

Second Appellant

Bramooth Satchithanantham

Third Appellant

Satchi & Satchi Australia

Fourth Appellant

Sivamani Thambiappah (now known as Sivamani Thayaparan)

Fifth Appellant

National Australia Bank Ltd

First Respondent

Emma Jane Hodgman

Second Respondent

Ray White Real Estate, Parramatta

Third Respondent

Local Court & Sheriff, Parramatta

Fourth Respondent

King Mortgages Pty Ltd (in liquidation)

Fifth Respondent

Cash King Pty Ltd (in liquidation)

Sixth Respondent

Mrs Anusuya Nagendra & Mr Nagendra Seetaramiah

Seventh Respondent

Insolvency and Trustee Services Australia

Eighth Respondent

Procedural Posture

Notice of Motion; Appeal / Hearing of Notice of Motion; Post Registrar Decision

Legal Issues

  1. 1 Whether the notice of motion constitutes an abuse of process
  2. 2 Whether Mr Satchithanantham had standing or leave to appear for other applicants

Ratio Decidendi

The notice of motion was dismissed on the basis it was an abuse of process, as it was a repeated effort to reopen matters already finally determined, in the face of previous prohibitive orders.

Court Disposition

Notice of motion dismissed

Orders

  • The notice of motion is dismissed.