Sebie v Pham

In *Sebie v Pham*, the applicants sought a stay of execution of an order for payment to the respondents out of moneys held in court. The matter came before Leeming JA in the Court of Appeal of New South Wales.

The primary legal issue before the court was whether the applicants had established a proper basis for a stay of execution. This involved considering the applicants' prospects of success on appeal and the balance of convenience, particularly in light of the respondents' assets and undertakings.

Leeming JA noted the undertakings provided by counsel for the respondents, which included not to further encumber or transfer the property in question until the earlier of four months from the date of the order or the determination of the appeal, and not to transfer the property for six months without prior written notice to the applicants. Despite these undertakings, and considering the overall circumstances, the court determined that the applicants had not made out a proper basis for a stay. Consequently, the application for a stay was dismissed. The court also made directions regarding the filing of submissions by both parties and stood the matter over for the allocation of a hearing date.