Satchi & Satchi Australia Pty Limited & Ors v Sanjay Sarma trading as Adidev Enterprises [2007] NSWSC 642

New South Wales Supreme Court

CITATION : Satchi & Satchi Australia Pty Limited & Ors v Sanjay Sarma trading as Adidev Enterprises [2007] NSWSC 642

HEARING DATE(S) : 21/06/2007

JUDGMENT DATE : 27 June 2007

JUDGMENT OF : Associate Justice Malpass

DECISION : The Notice of Motion is dismissed. The Summons is dismissed. The plaintiffs are to pay the costs of the procedings.

CATCHWORDS : Appeal from Local Court - judgment entered in absence of plaintiffs - Summons in this Court struck out of list by reason of non-appearance of plaintiffs - review of refusal to reinstate to the list heard with appeal - denial of natural justice

Satchi & Satchi Australia Pty Limited (1st Pl) PARTIES : Thambiappah Satchithanantham (2nd Pl) Sanjay Sarma trading as Adidev Enterprises (Def)

FILE NUMBER(S) : SC 11443/06

COUNSEL : Mr J. M. Patel (Pl's) Mr S. Stojanovic (Sol.)(Def)

SOLICITORS : Stojanovic Solicitors (Def)

LOWER COURT JURISDICTION : Local Court

LOWER COURT FILE NUMBER(S) : 1160/04; 3780/04

LOWER COURT JUDICIAL OFFICER : Brown LCM

LOWER COURT DATE OF DECISION : 02/03/2006

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ASSOCIATE JUSTICE MALPASS

27 JUNE 2007

11443/06 Satchi & Satchi Australia Pty Limited & 2 Ors v Sanjay Sarma t/as Adidev Enterprises

JUDGMENT 1 HIS HONOUR : These proceedings arise out of earlier proceedings in the Local Court (a re-hearing requested by the plaintiffs following an arbitration). On 2 March 2006, in those earlier proceedings, the defendant obtained a judgment in a liquidated sum, following the non-appearance of the plaintiffs and the striking out of their pleadings. 2 On 3 March 2006, the plaintiffs filed a Notice of Motion seeking the setting aside of that judgment. The Notice of Motion was dealt with in Chambers on the papers. It was not given a hearing date and it appears that it was not supported by any evidence. It was dismissed.