Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 11) [2019] NSWSC 115

Supreme Court New South Wales

Medium Neutral Citation: Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 11) [2019] NSWSC 115 Hearing dates: 2 July and 12 December 2018 Date of orders: 20 February 2019 Decision date: 20 February 2019 Jurisdiction: Equity Before: Slattery J Decision: Funds in Court ordered to be paid out to the extent of the 30 January 2018 gross sum costs order made in the plaintiffs' favour, plus interest. Directions made for interest on the lump sum costs order to be calculated. Catchwords: CIVIL PROCEDURE – funds in Court – funds paid into Court from the proceeds of sale of the real property – first defendant was the registered proprietor of property who is now entitled at law to the funds in Court – lump sum costs order previously made against the first defendant – but the funds in Court are the subject of a dispute in the Family Court of Australia between the first defendant and his former wife, the second defendant – whether the funds in Court should be paid out to the plaintiffs in satisfaction of the lump sum costs order before the resolution of the proceedings in the Family Court of Australia. Legislation Cited: Civil Procedure Act 2005, s 101 Family Law Act 1975, s 79 Uniform Civil Procedure Rules 2005, r 36.7 Cases Cited: Bailey & Bailey (decd), In the Marriage of (1989) 98 FLR 1 Chan v Acres (2013) 51 Fam LR 90 Chemaisse & Commissioner of Taxation (No3), Re (1990) 13 Fam LR 724 Cypjayne Pty Ltd v Sverre Rodskog [2009] NSWSC 301 Omacini v Omacini; sub nom AJO v GRO (FLR) (2005) 191 FLR 317 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 Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 9) [2018] NSWSC 1657 Pham v Enterprise ICT Pty Ltd & Ors (No 10) [2018] NSWSC 1805 Sebie v Pham [2018] NSWCA 332 Shaw, In the Marriage of (1989) 95 FLR 183 Category: Costs 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