Pham v Enterprise ICT Pty Ltd (No 2) [2017] NSWSC 583

Supreme Court New South Wales

Medium Neutral Citation: Pham v Enterprise ICT Pty Ltd (No 2) [2017] NSWSC 583 Hearing dates: 10 May 2017 Date of orders: 15 May 2017 Decision date: 15 May 2017 Jurisdiction: Equity Before: Pembroke J Decision: See paragraph [16] Catchwords: ORDERS – form of orders setting aside fraudulent conveyance COSTS – indemnity costs – litigation resulting from dishonesty Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: Bull v Wimble [2004] NSWSC 528 Category: Principal judgment Parties: Andy Vuong Duc Pham – first plaintiff Thi Huong Giang Pham – second plaintiff Enterprise ICT Pty Ltd – first defendant Nadine Musabwasoni – second defendant Robert Sebie – third defendant Representation: Counsel: B Zipser – for the first and second plaintiffs R Killalea, Solicitor – for the first defendant A Duc – for the second defendant Robert Sebie – third defendant in person

Solicitors: Bui Lawyers – for the first and second plaintiffs Kazi & Associates – for the first defendant Remington & Co – for the second defendant Robert Sebie – third defendant in person File Number(s): 2015/325044

Judgment

Introduction 1. On 26 April 2017, I delivered reasons in which I held that the transfer of certain land at Chiswick from the third defendant (Robert Sebie) to the first defendant (Enterprise ICT Pty Ltd) was fraudulent. I held that both the first and third defendants intended to defeat the plaintiffs' rights as purchasers pursuant to the contract for sale of land dated 29 October 2014. 2. On 10 May 2017, I heard submissions from the parties as to the appropriate orders that should be made to give effect to those reasons. Some of those orders were contentious. What follows are the orders that I have made and my reasons for doing so.