Enterprise ICT Pty Ltd v Pham (No 1) [2018] NSWCA 180

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Enterprise ICT Pty Ltd v Pham (No 1) [2018] NSWCA 180 Hearing dates: 1 August 2018 Date of orders: 01 August 2018 Decision date: 15 August 2018 Before: Basten JA; Meagher JA; Emmett AJA Decision: 1. Grant leave for Mr Robert Sebie to appear for the first appellant. 2. Join Nadine Musabwasoni who was the second defendant below as a respondent to the appeal. 3. Grant leave to the first and second respondents to file in Court an affidavit of John Bui dated 31 July 2018. 4. With respect to the orders sought in the notice of motion first filed on 24 July 2018: (1) Dismiss the application to adjourn the hearing of the appeal. (2) Dismiss the application to add the judgment of Slattery J to these proceedings. (3) Otherwise adjourn the application with respect to fresh evidence to the hearing of the appeal. (4) Reserve reasons for those orders, those reasons to be provided with the final judgment. (5) Order that costs of the application are the respondent's costs in the appeal. Catchwords: CIVIL PROCEDURE – adjournment – hearing of appeal – appellants' application – relevant factors – application made week before hearing – claimed ill health and competing responsibilities – appellant without legal representation – adjournment sought to brief counsel – whether means to pay for representation recently acquired – prejudice to respondents Legislation Cited: Civil Procedure Act 2005 (NSW); Pt 6 Cases Cited: Pham v Enterprise ICT Pty Ltd; Pham v Sebie (No 7) [2018] NSWSC 1063 Category: Procedural and other rulings Parties: Enterprise ICT Pty Ltd (First Appellant) Robert Sebie (Second Appellant) Andy Voung Duc Pham (First Respondent) Thi Huong Giang Pham (Second Respondent) Nadine Musabwasoni (Third Respondent) Representation: R Sebie (self-represented and with leave for First Appellant)