Satchi & Satchi v Sharma [2007] NSWSC 1184

New South Wales Supreme Court

CITATION : Satchi & Satchi v Sharma [2007] NSWSC 1184

HEARING DATE(S) : 8/10/07

JUDGMENT DATE : 23 October 2007

JUDGMENT OF : Bell J at 1

DECISION : 1. Dismiss the notice of motion filed on 20 July 2007; 2. The plaintiffs are to pay the defendant's costs of the motion.

CATCHWORDS : Appeal - judgment after hearing at which defendants failed to appear - no evidence of bona fide defence on the merits

Local Courts Act 1982 LEGISLATION CITED : Supreme Court Act 1970 Uniform Civil Procedure Rules 2005

CASES CITED : Vacuum Oil Pty Co Ltd v Stockdale (1942) 42 SR(NSW) 239

Satchi & Satchi Australia Pty Ltd (1st Plaintiff) PARTIES : Thambiappah Satchithanantham (2nd Plaintiff) Hemalathasothy Ranjani Satchithanantham (3rd Plaintiff) Sanjay Sharma t/a Adidev Enterprises (Defendant)

FILE NUMBER(S) : SC 11443/06

COUNSEL : J M Patel (Plaintiffs) S Stojanovic (Sol) (Defendant)

SOLICITORS : In person (2nd Plaintiff) Stojanovic Solicitors (Defendant)

LOWER COURT JURISDICTION : Supreme Court

LOWER COURT FILE NUMBER(S) : 11443/06

LOWER COURT JUDICIAL OFFICER : Malpass AsJ

LOWER COURT DATE OF DECISION : 27/6/07

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Tuesday 23 October 2007

11443/06 Satchi & Satchi Australia Pty Limited v Sanjay Sharma T/as Adidev Enterprises

JUDGMENT 1 BELL J: This is an appeal from the judgment of Malpass AsJ delivered on 27 June 2007: Satchi & Satchi Australia Pty Limited v Sanjay Sharma trading as Adidev Enterprises [2007] NSWSC 642. The judgment was a review of the determination of Assistant Registrar Howe made on 1 November 2006 dismissing a notice of motion filed by the plaintiffs. The motion claimed an order setting aside the Assistant Registrar's earlier order striking out the summons.