Sebie v Pham (No 4) [2021] NSWCA 326

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sebie v Pham (No 4) [2021] NSWCA 326 Hearing dates: 15 December 2021 Date of orders: 16 December 2021 Decision date: 16 December 2021 Before: Meagher JA Decision: Dismiss the amended notice of motion dated 27 November 2021 with costs. Catchwords: CIVIL PROCEDURE – Court of Appeal – application for stay of orders pending application for special leave to appeal to High Court – where orders made in underlying proceedings for payment out of funds held in court – where leave to appeal against those payment orders and earlier orders refused by majority of this Court – whether substantial prospect that special leave will be granted – application dismissed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 7.1, 7.2 Cases Cited: Bay Marine Pty Ltd v Clayton Country Properties Pty Ltd (1986) 8 NSWLR 104 Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No 1) (1986) 161 CLR 681; [1986] HCA 84 Rinehart v Welker (2012) 83 NSWLR 347; [2012] NSWCA 1 Category: Procedural rulings Parties: Robert Sebie (First Applicant) ENA Development Pty Ltd (Second Applicant) Andy Vuong Duc Pham (First Respondent) Thi Huong Giang Pham (Second Respondent) Representation: Counsel:

Self-represented (First Applicant) M Zraika (as director) (Second Applicant) B Zipser (Respondents)

Solicitors:

Andy Pham Lawyers (Respondents) File Number(s): 2021/133082 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Citation: [2017] NSWSC 583 [2018] NSWSC 381 [2019] NSWSC 115 [2020] NSWSC 1089 [2021] NSWSC 542 Date of Decision: 15 May 2017 Before: Pembroke J; Slattery J; Slattery J; Sackar J Sackar J File Number(s): 2015/325044; 2015/56505