Satchithanantham v National Australia Bank [2008] NSWCA 168

New South Wales Court of Appeal

CITATION: Satchithanantham v National Australia Bank [2008] NSWCA 168

HEARING DATE(S): 14 July 2008

JUDGMENT DATE: 14 July 2008

JUDGMENT OF: Campbell JA

EX TEMPORE JUDGMENT DATE: 14 July 2008

DECISION: Notice of Motion dismissed with costs.

CATCHWORDS: PRACTICE AND PROCEDURE – application brought on Notice of Motion in proceedings in Court of Appeal seeking leave to appeal – where final hearing has taken place and application for leave to appeal rejected – circumstances in which relief can be obtained in proceedings after final relief has been decided – application to set aside costs order of Associate Justice in proceedings below – where no application to appeal against order made – contention that Judge in proceedings below erred in arriving at quantum of costs order – where leave to appeal against that decision sought but not granted – review sought of decision of bench of two judges by a single judge – whether open on authorities to make such an order – whether contrary to appellate structure – review sought of order of Registrar dismissing motion seeking to vary costs orders in Court of Appeal and court below and review of orders of Court of Appeal – where costs order cannot be enforced as a matter of law until assessed – where orders made in specific amounts to avoid need for costs assessment – where no procedural course open in this Court to challenge refusal of leave to appeal – application for stay of costs orders in proceedings below – whether jurisdictional basis for order – where no application made for leave to appeal from judgments

Thambiappah Satchitchanantham (First Applicant PARTIES: Bramooth Satchitchanantham (Second Applicant) National Australia Bank Limited (Respondent)