Enterprise ICT Pty Ltd v Andy Vuong Duc Pham

Enterprise ICT Pty Ltd (the applicant) sought a stay of judgment pending an appeal against orders made by Slattery J on 29 March 2018. The respondent was Andy Vuong Duc Pham. The application was heard by Simpson AJA in the Court of Appeal of the Supreme Court of New South Wales.

The primary legal issues before the Court of Appeal were whether the appeal had any reasonable prospect of success, and whether a stay of the judgment should be granted on the balance of convenience. The applicant also sought an adjournment of the proceedings and argued that the appeal should not be dismissed for want of due despatch.

Simpson AJA considered the prospects of success of the appeal, noting that the grounds of appeal were not clearly articulated and appeared to lack substance. The court found that the applicant had not demonstrated that the appeal had any reasonable prospect of success. Furthermore, on the balance of convenience, the court determined that a stay of the judgment was not warranted. The court also declined to grant an adjournment or dismiss the appeal for want of due despatch.

Consequently, the Court of Appeal declined the application for an adjournment, declined to order that the appeal be dismissed for want of due despatch, and declined to make orders staying the orders of Slattery J dated 29 March 2018. The costs of the application were reserved.