Satchithanantham v Jackson Smith Lawyers Pty Ltd [2011] NSWSC 412

Supreme Court New South Wales

Medium Neutral Citation: Satchithanantham v Jackson Smith Lawyers Pty Ltd [2011] NSWSC 412 Hearing dates: 30 March 2011 Decision date: 18 May 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: 1. That Mr Thambiappah Satchithanantham be added as second plaintiff in these proceedings. 2. Mrs Satchithanantham's notice of motion filed 26 March 2010 is dismissed. 3. The proceedings are otherwise dismissed. 4. The plaintiffs are restrained from commencing any further proceedings in this Court against the defendant (including the filing and service of any notice of motion in these proceedings) until the costs, the subject of order 6 are assessed and paid by the plaintiffs. 5. The plaintiffs are restrained from filing and serving any notice of motion and/or pleadings in these proceedings without the leave of a judge of the Court; and in the event that the plaintiffs file and serve any further notice of motion and/or pleading in these proceedings without the leave of a judge of the Court: (a) the defendant be permitted not to attend at the return of such notice of motion; or (b) the defendant be permitted not to participate in the proceeding upon the notice of motion and/or pleading, unless the Court otherwise directs; or (c) any such notice of motion and/or pleading be dismissed without being heard, unless the Court otherwise directs. 6. The plaintiffs are to pay the defendant's costs of the proceedings on an indemnity basis. Catchwords: PROCEDURE - civil - judgments and orders - set aside orders Legislation Cited: Legal Profession Act 2004 Uniform Civil Procedure Rules 2005 Cases Cited: Grace v Thomas Street Caf Pty Ltd (No 2) [2008] NSWCA 72 National Australia Bank v Satchithanantham [2010] NSWCA 244 Rockcote Enterprises Pty Ltd v FS Architects Pty Ltd (No 2) [2008] NSWCA 205 Satchi & Satchi Australia Pty Ltd v Zeaiter Corporate Holdings Pty Ltd (unreported, 30 March 2011, Fullerton J) Category: Procedural and other rulings Parties: Hemalathasothy Ranjini Satchithanantham (First Plaintiff) Thambiappah Satchithanantham (Second Plaintiff) Jackson Smith Lawyers Pty Ltd (Defendant) Representation: Counsel: A T S Dawson (Defendant) Solicitors: T Satchithanantham (in person) Yeldham Price O'Brien Lusk (Defendant) File Number(s): 2008/285906