Sebie v Pham (No 3) [2021] NSWCA 277

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sebie v Pham (No 3) [2021] NSWCA 277 Hearing dates: 21 October 2021 Date of orders: 19 November 2021 Decision date: 19 November 2021 Before: Bell P and Basten JA at [1]; Brereton JA at [22] Decision: Summons seeking leave to appeal dismissed with costs. Catchwords: APPEALS – Leave to appeal – From orders for payment out from funds held in Court – Only other party with arguable claim to funds not permitted by Court to be re-joined as an applicant – Grant of leave would undermine Court's unanimous decision to refuse re-joinder – Significant obstacles and uncertainty attending to claim – Court concerned by potential undisclosed interest of first applicant – First and second respondents entitled to final resolution – Orders appealed from are discretionary – Leave refused APPEALS – Leave to appeal – From various other decisions dating back to 2017 – Application well out of time – No explanation for delay – Issues known to applicant and thus ought to have been raised much earlier – Rights of third parties have intervened – No errors demonstrated – Leave refused Legislation Cited: (NSW) Civil Procedure Act 2005, s 101(4) (NSW) Supreme Court Rules 1970, pt 40 r 1 (NSW) Uniform Civil Procedure Rules 2005, rr 7.1, 13.6, 36.1, 41.3 Cases Cited: Aquatic Air Pty Ltd v Siewert (No 3) [2018] NSWSC 624 Enterprise ICT Pty Ltd v Pham [2017] NSWCA 236 Enterprise ICT Pty Ltd v Pham [2018] NSWCA 74 Enterprise ICT Pty Ltd v Pham (No 1) [2018] NSWCA 180 Enterprise ICT Pty Ltd v Pham (No 2) [2018] NSWCA 185 Enterprise ICT Pty Ltd v Pham (No 3) [2019] NSWCA 138 Farrell v Mulroney [1978] 1 NSWLR 221 JKB Holdings Pty Ltd v de la Vega [2013] NSWSC 501 Pham v Enterprise ICT Pty Ltd [2017] NSWSC 446 Pham v Enterprise ICT Pty Ltd (No 2) [2017] NSWSC 583 Pham v Enterprise ICT Pty Ltd [2017] NSWSC 1509 Pham v Enterprise ICT Pty Ltd (No 2) [2018] NSWSC 22 Pham v Enterprise ICT Pty Ltd (No 3) [2018] NSWSC 381 Pham v Enterprise ICT Pty Ltd (No 7) [2018] NSWSC 1063 Pham v Enterprise ICT Pty Ltd (No 8) [2018] NSWSC 1492 Pham v Enterprise ICT Pty Ltd (No 10) [2018] NSWSC 1805 Pham v Enterprise ICT Pty Ltd (No 11) [2019] NSWSC 115 Pham v Enterprise ICT Pty Ltd (No 13) [2019] NSWSC 522 Pham v Enterprise ICT Pty Ltd [2019] NSWSC 1857 Pham v Enterprise ICT Pty Ltd [2020] NSWSC 1089 Pham v Enterprise ICT Pty Ltd [2021] NSWSC 339 Pham v Enterprise ICT Pty Ltd [2021] NSWSC 542 Sebie v Pham [2018] NSWCA 332 Sebie v Pham [2018] NSWCA 333 Sebie v Pham [2019] NSWCA 58 Sebie v Pham [2019] NSWCA 184 Sebie v Pham [2021] NSWCA 115 Sebie v Pham (No 2) [2021] NSWCA 274 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Category: Principal judgment 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 (First Applicant) B Zipser (First and Second Respondents)