Enterprise ICT Pty Ltd v Pham (No 3) [2019] NSWCA 138

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Enterprise ICT Pty Ltd v Pham (No 3) [2019] NSWCA 138 Hearing dates: On the papers Decision date: 13 June 2019 Before: Basten JA; Meagher JA; Emmett AJA Decision: (1) Dismiss the first and second respondents' notice of motion filed on 26 February 2019.

(2) No order as to the costs of the motion. Catchwords: PROCEDURE – judgments and orders – amending, varying and setting aside – application for gross sum costs order and payment from a fund – application made out of time with unexplained delay Cases Cited: Enterprise ICT Pty Ltd v Pham (No 2) [2018] NSWCA 185 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)

Andy Pham Lawyers (First and Second Respondents) File Number(s): 2017/172378 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Division Citation: [2017] NSWSC 583; [2017] NSWSC 446 Date of Decision: 15 May 2017; 26 April 2017 Before: Pembroke J File Number(s): 2015/325044

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]