Sebie v Pham [2019] NSWCA 58

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sebie v Pham [2019] NSWCA 58 Hearing dates: 25 March 2019 Decision date: 25 March 2019 Before: Leeming JA Decision: 1. I note the undertaking of counsel appearing for Mr and Mrs Pham on behalf of his clients to the court in the following terms: (a) Not to further encumber the property or transfer it to a third party until the earlier of four months from today or the determination of the appeal in this matter and (b) not to transfer the property for six months without first giving written notice to the applicants.

2. Dismiss paragraph 10 of the amended notice of motion filed 11 March 2019, with costs.

3. Direct that the applicants file their submissions including any supplementary submissions and serve them on or before Tuesday 23 April.

4. Direct the respondents to file and serve their submissions by Tuesday 7 May 2019.

5. Stand matter into the Registrar's list on Monday 13 May for the allocation of a date but note that that directions hearing may be vacated if a date can be allocated in advance. Catchwords: PRACTICE – appeals – stay of execution – order for payment to respondents out of moneys in court – whether applicants had made out proper basis for a stay – where respondents held assets including real property and proffered undertakings – stay refused Legislation Cited: Family Law Act 1975 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 7 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Eberstaller v Poulos (2014) 87 NSWLR 394; [2014] NSWCA 211 Enterprise ICT Pty Ltd v Pham (No 2) [2018] NSWCA 185 Grace v Grace (2014) 85 NSWLR 688; [2014] NSWCA 86 Pham v Enterprise ICT Pty Ltd (No 11) [2019] NSWSC 115 Vaughan v Dawson [2008] NSWCA 169 Category: Procedural and other rulings Parties: Ramzy Sebie (first applicant) Rose Sebie (second applicant) Robert Sebie (third applicant) ENA Development Pty Ltd (fourth applicant) Andy Vuong Duc Pham (first respondent) Thi Huong Giang Pham (second respondent) Representation: Counsel: