Satchithanantham v NABThambiappah v NAB [2008] NSWSC 1097

New South Wales Supreme Court

CITATION : Satchithanantham v NABThambiappah v NAB [2008] NSWSC 1097

HEARING DATE(S) : 25/09/08

JUDGMENT DATE : 26 September 2008

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 26 September 2008

DECISION : Proceedings 6031/07 and 5597/07 dismissed with costs. Order that the exhibits may be returned after 28 days unless an appeal or application for leave to appeal is filed within that period. Otherwise the exhibits are to be retained on the file until the appeal books or application to appeal is settled.

CATCHWORDS : PRACTICE AND PROCEDURE – statement of claim – appeal from order striking out – pleading confusing, disjointed and unsupported by material facts – whether proceeding should be summarily dismissed – second plaintiff's cause of action depended upon his beneficial ownership of property that remained vested in his trustee in bankruptcy – first plaintiff had previously not utilised an opportunity to replead and had no independent interest in the proceeding – proceeding dismissed - PRACTICE AND PROCEDURE – courts and judges – disqualification for bias – whether a fair-minded lay observer might apprehend that the judge might not bring an impartial mind to the disposal of the case on its merits – judge clearly right not to disqualify himself

Webb v The Queen (1994) 181 CLR 41 Livesey v New South Wales Bar Association (1983) 151 CLR 288 Wentworth v Wentworth (Supreme Court of NSW, Santow J, 6 February 1998, unreported) CASES CITED : Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337 Wride v Schulze [2004] FCA 281 Sereika v Cardinal Financial Securities Ltd [2001] FCA 1715 Gosden v Dixon (1992) 107 ALR 329 Ramage v Waclaw (1988) 12 NSWLR 84