Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie [2017] NSWSC 1509

Supreme Court New South Wales

Medium Neutral Citation: Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie [2017] NSWSC 1509 Hearing dates: 8 September 2017 Date of orders: 08 November 2017 Decision date: 08 November 2017 Jurisdiction: Equity Before: Slattery J Decision: The first and third defendants should pay the plaintiffs costs of the plaintiffs' motion for contempt, on the indemnity basis. Such costs may be off-set against any moneys payable by the plaintiffs to the third defendant on the settlement of the 2014 Contract. Catchwords: COSTS - party/party – costs orders in interlocutory proceedings – motions resolved in substance by the course of events - plaintiffs and applicants on three motions unwilling to proceed – costs outcomes for two of the motions agreed - who should bear the costs of the remaining contempt motion – application of UCPR, r 42.7 - whether one or other party was certain to succeed on the contempt motion – whether one or other party conducted the contempt motion unreasonably. Legislation Cited: Civil Procedure Act 2005, ss 67, 98(4)(c) Family Law Act 1975 (Cth), ss 79 106B Jurisdiction of Courts (Cross-vesting) Act 1987, s 5(1) Real Property Act 1900, s 74J Uniform Civil Procedure Rules 2005, rr 7.36, 42.7, 51.44 Cases Cited: Angela Campbell Pty Ltd (as trustee of the Halina Superannuation Fund) v Hengrove Hall Pty Ltd [2016] NSWSC 1219 Australasian Performing Rights Assoc Ltd v Marlin [1999] FCA 1006 Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 Beach Petroleum NL v Johnson (No. 2) (1995) 57 FCR 119 Enterprise ICT Pty Ltd v Pham [2017] NSWCA 236 Hamod v New South Wales [2011] NSWCA 375 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1 Lawrence v Gunner [2015] NSWCA 322 McIntyre v Perks (1988) 15 NSWLR 417 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Category: Procedural and other rulings Parties: In proceedings 2015/325044: First plaintiff: Andy Vuong Duc Pham Second plaintiff: Thi Huong Giang Pham First defendant: Enterprise ICT Pty Ltd Second defendant: Nadine Musabwasoni Third defendant: Robert Sebie