Sebie v Pham [2019] NSWCA 184

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sebie v Pham [2019] NSWCA 184 Hearing dates: 17 July 2019 Date of orders: 17 July 2019 Decision date: 17 July 2019 Before: Bell P at [1]; Emmett AJA at [31] Decision: Application for leave to appeal dismissed with costs Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – whether primary judge failed to consider witness' evidence – where witness' affidavit read – where witness cross-examined on evidence before primary judge – where witness' evidence the subject of express analysis by primary judge

PRACTICE AND PROCEDURE – application for leave to appeal – whether primary judge erred in not taking into account documentary evidence – where documents not in evidence before primary judge – where documents sent by email to primary judge's chambers in purported answer to notice to produce – importance that evidence be formally tendered

PRACTICE AND PROCEDURE – application for leave to appeal – whether party was denied procedure fairness before primary judge – where party did not appear at the hearing – where no evidence that application was made for affidavit of party to be read – where no submissions as to arguments party would have made Legislation Cited: Real Property Act 1900 (NSW), s 42(1)(d) Cases Cited: Pham v Enterprise ICT Pty Ltd; Pham v Sebie (No 11) [2019] NSWSC 115 Sebie v Pham [2018] NSWCA 333 Sebie v Pham [2019] NSWCA 58 Category: Principal judgment Parties: Ramzy Sebie (First Applicant) Rose Sebie (Second Applicant) Andy Vuong Duc Pham (First Respondent) Thi Huong Giang Pham (Second Respondent) ENA Development Pty Ltd (Third Respondent) Representation: Counsel: Robert Sebie (by leave) (First Applicant) Sophie Georgy (by leave) (Second Applicant) B Zipser (First and Second Respondents)