Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 13) [2019] NSWSC 522

Supreme Court New South Wales

Medium Neutral Citation: Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 13) [2019] NSWSC 522 Hearing dates: 8 May 2019 Date of orders: 08 May 2019 Decision date: 08 May 2019 Jurisdiction: Equity Before: Slattery J Decision: Application for payment out of Court of interest on costs is dismissed. Leave granted to make a further application to the Registrar. Catchwords: CIVIL PROCEDURE – interest on costs under Civil Procedure Act 2005, s 101 – calculation of interest on costs incurred over a three year period – calculation worked out on the basis of an assumption that the same amount of costs was incurred in the first half of each calendar year as in the second half of each calendar year – no evidence available to support such an assumption – whether the use of such an assumption may work unfairly – correct methodology for calculation of interest on costs. Legislation Cited: Civil Procedure Act 2005, s 101 Cases Cited: Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 11) [2019] NSWSC 115 Sebie v Pham [2019] NSWCA 58 Category: Procedural and other rulings 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

In proceedings 2015/56505: First plaintiff: Andy Vuong Duc Pham Second plaintiff: Thi Huong Giang Pham First defendant: Robert Sebie Second defendant: Commonwealth Bank of Australia Third defendant: ENA Development Pty Ltd (ACN 105 235 363) Fourth defendant: Mazen Zraika Representation: In proceedings 2015/325044: