Sebie v Pham (No 5) [2022] NSWCA 111

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sebie v Pham (No 5) [2022] NSWCA 111 Hearing dates: On the papers Date of orders: 01 July 2022 Decision date: 01 July 2022 Before: Brereton JA Decision: Notice of motion filed on 22 December 2021 and amended on 4 May 2022 dismissed with costs. Catchwords: CIVIL PROCEDURE – Court of Appeal – Application for stay of orders for payment of money out of court, pending application for special leave to appeal to High Court – Where leave to appeal against those payment orders and earlier orders refused by majority of this Court – Where similar application to present already refused for lack of prospect that special leave will be granted – Application for reconsideration under UCPR r 36.16 incompetent – No application made for review of previous decision nor suggestion that conclusion was incorrect – No change of circumstances since first decision identified – Stay not sought by only party potentially prejudiced by relevant orders – Application dismissed with costs Cases Cited: Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd (No 1) (1986) 161 CLR 681; [1986] HCA 84 Pham v Enterprise ICT Pty Ltd [2017] NSWSC 446 Pham v Enterprise ICT Pty Ltd (No 3) [2018] NSWSC 381 Pham v Enterprise ICT Pty Ltd [2022] NSWSC 12 Sebie v Pham (No 3) [2021] NSWCA 277 Sebie v Pham (No 4) [2021] NSWCA 326 Sebie v Pham [2021] NSWCA 11 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 (in liq) (Third Respondent) Representation: Counsel: Self-represented (Applicants)