CACHIA v ST GEORGE BUILDING SOCIETY LTD [1994] NSWCA 39

CACHIA v ST GEORGE BUILDING SOCIETY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, PRIESTLEY and CLARKE JJA 13 July 1994, 13 July 1994 [1994] NSWCA 39

PRACTICE AND PROCEDURE — appellant was refused leave to appeal by High Court — application for reopening of case and further hearing — alleged fundamental error by Court of Appeal — court has no inherent jurisdiction to consider an application once judgment is final — application for two members of the court who sat on earlier appeal to disqualify themselves — application misconceived.

Gleeson CJ Since 1990 Mr Cachia has been in litigation with the St George Bank Ltd formerly the St George Building Society Ltd. For reasons that will appear, the bank might have thought the litigation had come to an end, but Mr Cachia evidently has other ideas.

On 30 October 1990, following a hearing before Cole J in the Commercial Division of this Court, judgment was given for the defendant in Mr Cachia's action against the bank. Mr Cachia then appealed to the Court of Appeal of this Court. Both before Cole J and before the Court of Appeal Mr Cachia conducted his own case. The appeal to the Court of Appeal was heard on 25 June 1992. The judges who heard the appeal were Clarke JA, Cripps JA and myself.

In the appeal Mr Cachia contended, in both written and oral submissions, that Cole J had fallen into error in various respects in his judgment at first instance. After hearing argument from both sides the Court of Appeal reserved its decision and, some months later, gave its judgment.

The judgment of the Court of Appeal was that the appeal from the decision of Cole J should be dismissed. The reasons for judgment of the Court of Appeal were delivered in the judgment of Clarke JA who wrote the leading judgment. Cripps JA and I both wrote very short judgments in which we simply expressed our agreement in the judgment of Clarke JA.