Satchi & Satchi Australia Pty Ltd v Zeaiter Corporate Holdings Pty Ltd [2011] NSWSC 734

Supreme Court New South Wales

Medium Neutral Citation: Satchi & Satchi Australia Pty Ltd v Zeaiter Corporate Holdings Pty Ltd [2011] NSWSC 734 Hearing dates: 11 July 2011, 14 July 2011 Decision date: 14 July 2011 Jurisdiction: Common Law Before: Schmidt J Decision: Thambiappah Satchithanantham be restrained, either by himself, his servants or agents, from lodging any caveat in respect of the title to the Property, either in his own name as caveator or the name of any other person or company or business name as caveator, including, but without limitation, in the name of Bramooth Satchithanantham and / or Hemalathasothy Ranjini Satchithanantham and / or Satchi and Satchi Australia Pty Ltd and / or "Satchi and Satchi" and / or "Satchi and Satchi Australia" " and / or "Singapore Stylemart Sydney" and / or "Stylemart Satchi Australia" as caveator(s). Catchwords: PROCEDURE - notice of motion - order sought restraining the third plaintiff from lodging caveats on property - mortgagee in possession of property - section 74MA of the Real Property Act 1900 - order sought made Legislation Cited: Real Property Act 1900 Cases Cited: Bayblu Holdings Pty Ltd v Capital Finance Australia Ltd [2011] NSWSC 39 Bolitho v Permanent Custodians Ltd [2009] NSWSC 734 Hastie and Anor v National Australia Bank Ltd (Supreme Court of New South Wales, Powell J, 26 August 1988, unreported) National Australia Bank v Satchithanantham [2010] NSWCA 244 Westpac Banking Corporation v Harris (Supreme Court of New South Wales, Handley JA, 24 May 1994, unreported) Category: Procedural and other rulings Parties: Satchi & Satchi Australia Pty Ltd (First Plaintiff) Hemalatha Sothy Ranjini Satchithanantham (Second Plaintiff) Thambiappah Satchithanantham (Third Plaintiff) Bramooth Satchithanantham (Fourth Plaintiff) Zeaiter Corporate Holdings Pty Ltd (First Defendant) National Australia Bank Limited (Second Defendant) Insolvency and Trustee Services Australia (Third Defendant) Antony Zeaiter (Fourth Defendant) Representation: Counsel: Ms N Bearup (Second Defendant) Solicitors: Mr T Satchithanantham (Third Plaintiff) (unrepresented) Dibbs Barker (Second Defendant) File Number(s): 2008/289772