Enterprise ICT Pty Ltd v Pham [2017] NSWCA 236

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Enterprise ICT Pty Ltd v Pham [2017] NSWCA 236 Hearing dates: 13 September 2017 Date of orders: 15 September 2017 Decision date: 15 September 2017 Before: Macfarlan JA Decision: (1) The applicant's notice of motion is dismissed. (2) The applicant is to pay the respondents' costs of the motion. (3) Make no order as to the costs of Enterprise ICT Pty Ltd. Catchwords: APPEAL – Court of Appeal – Stay of Proceedings – appeal not reasonably arguable – balance of convenience favours the respondents – notice of motion dismissed Legislation Cited: Uniform Civil Procedure Rules 2005, r 51.44 Cases Cited: Lawrence v Gunner [2015] NSWCA 322 Category: Procedural and other rulings Parties: Enterprise ICT Pty Ltd (First Appellant) Robert Sebie (Second Appellant) Andy Vuong Duc Pham (First Respondent) Thi Huong Giang Pham (Second Respondent) Representation: Counsel: R Killalea (Solicitor) (First Appellant) Second Appellant (Self-represented) B Zipser (Respondents)

Solicitors: Kazi & Associates (First Appellant) Second Appellant (Self-represented) Andy Pham Lawyers (Respondents) File Number(s): CA 2017/172378 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2017] NSWSC 446 Date of Decision: Pham v Enterprise ICT Pty Ltd [2017] NSWSC 446; Pham v Enterprise ICT Pty Ltd (No 2) [2017] NSWSC 583 Before: Pembroke J File Number(s): SC 2015/325044