Sebie v Pham

In *Sebie v Pham*, the applicant sought a stay of orders made by the court. The applicant did not appear at the hearing of their notice of motion. The matter was heard by Beazley P in the Court of Appeal of New South Wales.

The primary legal issue before the court was whether to grant the applicant's request for a stay of orders. This question arose in circumstances where the applicant failed to attend the hearing of their own application.

Beazley P dismissed the notice of motion. The court applied the principle that an applicant seeking a stay of orders bears the onus of demonstrating why such a stay should be granted. In the absence of the applicant's appearance, and therefore no argument or evidence presented in support of the application, the court was unable to be satisfied that a stay was warranted.

Consequently, the notice of motion filed on 19 November 2018 was dismissed with costs.