Enterprise ICT Pty Ltd v Andy Vuong Duc Pham [2018] NSWCA 74

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Enterprise ICT Pty Ltd v Andy Vuong Duc Pham [2018] NSWCA 74 Hearing dates: 9 April 2018 Date of orders: 09 April 2018 Decision date: 12 April 2018 Before: Simpson AJA Decision: 1. Decline application for adjournment of these proceedings.

2. Decline to order that the appeal be dismissed for want of due despatch.

3. Decline to make orders staying the orders of Slattery J dated 29 March 2018.

4. Reserve costs. Catchwords: CIVIL PROCEDURE – judgments and orders – application for stay of judgment pending appeal – whether appeal has any prospect of success

CIVIL PROCEDURE – judgments and orders – application for stay of judgment pending appeal – whether stay should be granted on the balance of convenience Category: Procedural and other rulings Parties: Enterprise ICT Pty Ltd (1st Appellant) Robert Sebie (2nd Appellant) Andy Vuong Duc Pham (Respondent) Thi Huong Giang Pham (Respondent) Representation: Counsel: C Muir (Appellant) R Sebie (self represented) B Zipser (Respondents)

Solicitors: Oliveri Lawyers (Appellants) Robert Sebie – self represented Bui Lawyers (Respondents) File Number(s): CA 2017/172378 Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Equity Citation: Pham v Enterprise ICT Pty Ltd [2017] NSWSC 446 Pham v Enterprise ICT Pty Ltd [2017] NSWSC 583 Enterprise ICT Pty Ltd & Sebie v Pham [2017] NSWCA 236 Pham v Enterprise ICT Pty Ltd [2017] NSWSC 1509 Pham v Enterprise ICT Pty Ltd [2018] NSWSC 22 Pham v Enterprise ICT Pty Ltd [2018] NSWSC 381 Date of Decision: 26 April 2017; 15 May 2017; (Pembroke J) 15 September 2017 (Macfarlan JA) 8 November 2017; 30 January 2018; 29 March 2018; (Slattery J) Before: Macfarlan JAPembroke JSlattery J File Number(s): SC 2015/325044