Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 9) [2018] NSWSC 1657

Supreme Court New South Wales

Medium Neutral Citation: Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 9) [2018] NSWSC 1657 Hearing dates: 12 June and 2 July 2018 Date of orders: 01 November 2018 Decision date: 01 November 2018 Jurisdiction: Equity Before: Slattery J Decision: Robert Sebie ordered to pay the Registrar General's costs of the Registrar General's motion. A specified gross sum costs order in the sum of $5,000 made instead of assessed costs. Specified gross sum costs order includes costs of the argument on costs. The sum of $5,000 ordered to be paid out to the Registrar General from the funds held in Court. Catchwords: COSTS – Registrar General's costs – caveats filed causing disruption to the settlement of a Court ordered conveyancing transaction – Registrar General joined to the proceedings and asked by the Court to make notifications on the title to the property in question – Registrar General places notifications on the title and appears in Court in response to the Court's orders – Registrar General seeks costs of its various appearances – whether application under Real Property Act 1900, s 74P – whether the Registrar General's costs were occasioned by the conduct of the caveators – whether it can be identified who lodged the caveats – whether the caveats were unreasonable – whether Mr Robert Sebie was responsible for the filing of the caveats – whether a costs order should be made for the Registrar General's costs against Mr Robert Sebie.

SPECIFIED GROSS SUM COSTS ORDER – limited appearance by the Registrar General in substantial proceedings in which multiple judgments have been delivered – proceedings protracted and hard fought – where costs order made in favour of the Registrar General – discussion of the principles for the making of specified gross sum costs orders – whether this is an appropriate case for the making of a lump sum costs order in favour of the Registrar General under Civil Procedure Act 2005, s 98(4)(c) – what is the appropriate specified gross sum costs order – should the amount of any specified gross sum costs order be paid out of the funds held in Court. Legislation Cited: Civil Procedure Act 2005, ss 56, 98(4)(c) Real Property Act 1900, s 74P Cases Cited: Australasian Performing Rights Association Ltd v Marlin [1999] FCA 1006 Beach Petroleum NL v Johnson (No. 2) (1995) 57 FCR 119 Hadid v Lenfest Communications Inc [2000] FCA 628 Hamod v State of NSW [2011] NSWCA 375 Harrison v Schipp [2002] NSWCA 213; 54 NSWLR 738 Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie [2017] NSWSC 1509 Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 2) [2018] NSWSC 22 Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 3) [2018] NSWSC 381 Pham v Mazen Zraika; Pham v Sebie (No. 4) [2018] NSWSC 566 Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 5) [2018] NSWSC 567 Ramzy Sebie v Andy Duong Duc Pham (No. 6) [2018] NSWSC 592 Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 7) [2018] NSWSC 1063 Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 8) [2018] NSWSC 1492 Category: Costs Parties: 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 Registrar General of New South Wales Representation: Counsel: