National Australia Bank v Satchithanantham [2010] NSWCA 244

New South Wales Court of Appeal

CITATION: National Australia Bank v Satchithanantham [2010] NSWCA 244

HEARING DATE(S): 13/09/10

JUDGMENT DATE: 28 September 2010

JUDGMENT OF: Macfarlan JA at 1; Handley AJA at 2; Sackville AJA at 37

1. Hemalathasothy Ranjini Satchithanantham is restrained from filing and serving any notice of motion and from making any oral application in these proceedings, either on her own behalf or on behalf of Bramooth Satchithanantham without the leave of a Judge of the Court. 2. If Hemalathasothy Ranjini Satchithanantham, without the leave of a Judge of the Court, files or serves any notice of motion in these proceedings, National Australia Bank Limited is not required to attend at the return of the notice of motion, or to participate in the proceedings upon the notice of motion unless a Judge of the Court otherwise directs, and unless a Judge of the Court thinks fit to give such direction, any such notice of motion shall be dismissed without being heard. 3. Leave pursuant to order 1 is to be sought by written application setting out the full basis on which leave is sought and the full basis for the claim for relief with a copy of the proposed notice of motion. 4. No oral hearing will take place on the application for leave, which will be determined on the papers without notice to other parties, unless a Judge of the Court otherwise directs. DECISION: Orders Against Thambiappah Satchithanantham 5. Thambiappah Satchithanantham is restrained from filing and serving any notice of motion and from making any oral application in these proceedings, on his own behalf or on behalf of Hemalathasothy Ranjini or Bramooth Satchithanantham without the leave of a Judge of the Court. 6. If Thambiappah Satchithanantham, without the leave of a Judge of the Court, files or serves any notice of motion in these proceedings, National Australia Bank Limited is not required to attend at the return of the notice of motion, or to participate in proceedings upon the notice of motion unless a Judge of the Court otherwise directs, and unless a Judge of the Court thinks fit to give such direction, any such notice of motion shall be dismissed without being heard. 7. Leave pursuant to order 5 is to be sought by written application setting out the full basis on which leave is sought and the full basis for the claim for relief with a copy of the proposed notice of motion. 8. No oral hearing will take place on the application for leave, which will be determined on the papers without notice to other parties, unless a Judge of the Court otherwise directs. 9.The respondents to pay the Bank's costs of this motion.