Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Sebie v Pham [2018] NSWCA 333 Hearing dates: 6 December 2018 Date of orders: 06 December 2018 Decision date: 06 December 2018 Before: Beazley P Decision: (1) Robert Sebie’s notice of motion dismissed with costs;
(2) Ramzy Sebie’s notice of motion dismissed with costs.Catchwords: CIVIL PROCEDURE – Court of Appeal – stay of proceedings – stay pending appeal – stay pending determination of Family Court proceedings Category: Principal judgment Parties: Robert Sebie (Applicant
Andy Vuong Duc Pham (First Respondent)
Ramzy Sebie (Applicant)
Thi Huong Giang Pham (Second Respondent)Representation: Counsel:
Solicitors:
In person (Robert Sebie)
In person (Ramzy Sebie)
B Zipser (Respondents)
Andy Pham Lawyers (Respondents)
File Number(s): 2015/325044; 2018/252265 Decision under appeal
- Court or tribunal:
- Supreme Court
- Jurisdiction:
- Equity
- Date of Decision:
- 26 March 2018; 13 July 2018; 28 September 2018
- Before:
- Slattery J; Kunc J
- File Number(s):
- 2015/325044; 2015/56505
Judgment
-
HER HONOUR: There is listed before me a notice of motion of Robert Sebie which was filed in Court before Pembroke J in the Equity Duty List yesterday, 5 December 2018. Pembroke J considered it appropriate to refer the matter to the Court of Appeal. For that reason, I have decided that it is appropriate in the interests of justice that I deal with it.
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The notice of motion has been supported by an affidavit of Mr Robert Sebie of 3 December 2018. There was also affidavit evidence filed on behalf of the respondents, Andy Vuong Duc Pham and Thi Huong Giang Pham, being two affidavits of Andy Pham which had been read in one of the proceedings in the court below and were read again before me.
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This matter has an extraordinarily complicated history and has been the subject of at least ten judgments in the Equity Division and at least one judgment in the Court of Appeal. Given that it is now 5:20pm, I do not have the time to go through those judgments, nor is it necessary to do so.
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It is sufficient to record that on 29 October 2014, Mr Robert Sebie sold the property which is subject of the proceeding, which I will refer to as the Chiswick property, to Mr and Mrs Pham. After various proceedings in this Court, including a proceeding for specific performance brought by Mr and Mrs Pham against Mr Robert Sebie, settlement of that sale occurred, as I understand it under the auspices of the Court, on 2 May 2018.
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The sale price was paid into Court and continues to be held by the Court pending the outcome of various proceedings, including Family Court proceedings which involve Mr Robert Sebie, his former wife, a company of which Mr Robert Sebie is not the director and, it also seems, the parents of Robert Sebie, Mr Ramzy Sebie and Mrs Rose Sebie. All of those persons and entities have been parties and/or in one way or the other involved in or referred to in the various proceedings…
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- AGLC
- Sebie v Pham [2018] NSWCA 333
- Case
- [2018] NSWCA 333
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court of Appeal was whether the proceedings should be stayed to await the outcome of the Family Court proceedings. This required the court to consider the principles governing the grant of a stay of proceedings, particularly in circumstances where parallel litigation is underway in another jurisdiction.
The Court of Appeal dismissed the applications for a stay. The reasoning applied by the court, though not detailed in the provided text, would have involved an assessment of whether the criteria for granting a stay were met. This typically includes considerations such as whether there are exceptional circumstances, whether the stay is necessary to prevent injustice, and the potential prejudice to the parties. The court ultimately found that a stay was not warranted in this instance.
Consequently, the Court of Appeal ordered that Robert Sebie’s notice of motion be dismissed with costs, and Ramzy Sebie’s notice of motion be dismissed with costs.
Orders
Orders of the court
(1) Robert Sebie’s notice of motion dismissed with costs;
(2) Ramzy Sebie’s notice of motion dismissed with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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