Sebie v Pham (No 2) [2021] NSWCA 274

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sebie v Pham (No 2) [2021] NSWCA 274 Hearing dates: 21 October 2021 Date of orders: 21 October 2021 Decision date: 21 October 2021 Before: Bell P at [1]; Basten JA at [10]; Brereton JA at [11] Decision: Notice of Motion dismissed with indemnity costs, such costs to be payable out of the fund held by the Court in the proceedings the subject of the application for leave to appeal. Catchwords: CIVIL PROCEDURE – Court of Appeal – Application – Notice of Motion seeking various orders – Where legal representatives unable to advance any submissions in support of motion – Where Court has serious reservations as to whether party who signed motion in fact filed it – Inability of party to answer basic questions from the Bench or advance any submissions in support of motion – Correspondence from misspelled email address – Court being trifled with – Motion dismissed with indemnity costs CIVIL PROCEDURE – Parties – Joinder – Application to reinstate company as appellant after misconceived attempt to circumvent requirement of representation by joining director instead Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 7.1(3), 13.6 Cases Cited: Sebie v Pham [2021] NSWCA 115 Category: Procedural rulings Parties: Robert Sebie (First Applicant) Ronald Jemmott (Second Applicant) Andy Vuong Duc Pham (First Respondent) Thi Huong Giang Pham (Second Respondent) ENA Development Pty Ltd (Third Respondent) Representation: Counsel: Self-represented (Applicants) B Zipser (First and Second Respondents) C Alis (sol) (Third Respondent)