NSW Caselaw
New South Wales Court of Appeal
CITATION: Satchithanantham v National Australia Bank Ltd [2009] NSWCA 395
HEARING DATE(S): 17 November 2009
JUDGMENT DATE: 4 December 2009
JUDGMENT OF: Allsop P at 1; Basten JA at 43; Handley AJA at 44
1. Dismiss the notice of motion dated 5 November 2009 and filed 6 November 2009. DECISION: 2. Direct the Registrar of the Court of Appeal to approach the New South Wales Bar Association either for assistance pro bono to the applicant or for assistance as an amicus curiae in the drafting and presentation of the application for special leave. 3. Order the applicant to pay the costs of the respondent to the motion.
CATCHWORDS: REAL PROPERTY - default on loan with residential property as security - action for possession successful at first instance - refusal of stay of writ of possession - review of decision of Judge of Appeal - pending application for special leave to High Court - whether identifiable point of substance - stay not to be continued.
Contracts Review Act 1980 (NSW) LEGISLATION CITED: Real Property Act 1900 (NSW) Trade Practices Act 1974 (Cth)
CATEGORY: Procedural and other rulings
Campbell v Commercial Banking Co of Sydney Bank (1879) 2 LR (NSW) L 375 Jennings Constructions Ltd v Burgundy Royale Investments Pty Ltd [1986] HCA 84; 161 CLR 681 CASES CITED: Perpetual Trustee Company Limited v Khoshaba [2006] NSWCA 41; (2005) 14 BPR 26,639 Satchithanantham v NAB Ltd [2009] NSWCA 268 NAB Ltd v Satchithanantham [2009] NSWSC 21 Yerkey v Jones [1939] HCA 3; 63 CLR 649
TEXTS CITED: P W Young et al Annotated Conveyancing and Real Property Legislation New South Wales (2009 Edition Butterworths)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate