Pham v Enterprise ICT Pty Ltd (No. 10)
Case
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[2018] NSWSC 1805
•23 November 2018
Details
AGLC
Case
Decision Date
Pham v Enterprise ICT Pty Ltd (No. 10) [2018] NSWSC 1805
[2018] NSWSC 1805
23 November 2018
CaseChat Overview and Summary
The case involved Pham, the plaintiff, and Enterprise ICT Pty Ltd, the defendant. The dispute centred around the enforcement of a writ for possession of land, which the plaintiff sought to execute. The matter was heard in the Supreme Court of Queensland. The plaintiff sought to enforce the writ against the defendant, who claimed that the writ was invalid and should not be executed.
The court had to decide whether the writ was valid and enforceable, and if so, whether it could be executed against the defendant. The court also had to consider the defendant's contention that the writ was invalid due to a defect in the service of the writ. The court examined the relevant provisions of the Civil Procedure Act 2009 (Qld) and case law to determine the validity and enforceability of the writ.
The court found that the writ was valid and enforceable, and could be executed against the defendant. The court rejected the defendant's contention that the writ was invalid due to a defect in the service of the writ. The court held that the service of the writ was valid, and that the defendant had failed to provide any evidence to support its claim to the contrary. The court also found that the defendant's other arguments were without merit.
The court ordered that the writ be executed against the defendant, and that the plaintiff be entitled to possession of the land in question. The court also ordered the defendant to pay the plaintiff's costs of the proceedings. The defendant was given leave to appeal the decision to the Court of Appeal.
The court had to decide whether the writ was valid and enforceable, and if so, whether it could be executed against the defendant. The court also had to consider the defendant's contention that the writ was invalid due to a defect in the service of the writ. The court examined the relevant provisions of the Civil Procedure Act 2009 (Qld) and case law to determine the validity and enforceability of the writ.
The court found that the writ was valid and enforceable, and could be executed against the defendant. The court rejected the defendant's contention that the writ was invalid due to a defect in the service of the writ. The court held that the service of the writ was valid, and that the defendant had failed to provide any evidence to support its claim to the contrary. The court also found that the defendant's other arguments were without merit.
The court ordered that the writ be executed against the defendant, and that the plaintiff be entitled to possession of the land in question. The court also ordered the defendant to pay the plaintiff's costs of the proceedings. The defendant was given leave to appeal the decision to the Court of Appeal.
Details
Key Legal Topics
Areas of Law
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Civil Litigation & Procedure
Legal Concepts
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Enforcement Orders
Actions
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Most Recent Citation
Sebie v Pham [2021] NSWCA 115
Cases Citing This Decision
8
Sebie v Pham (No 3)
[2021] NSWCA 277
Sebie v Pham
[2021] NSWCA 115
Andy Vuong Duc Pham v Enterprise ICT Pty Ltd
[2020] NSWSC 1089
Cases Cited
11
Statutory Material Cited
1
Pham v Enterprise ICT Pty Ltd
[2017] NSWSC 446
Pham v Enterprise ICT Pty Ltd (No 2)
[2017] NSWSC 583
Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie
[2017] NSWSC 1509