Enterprise ICT Pty Ltd v Pham (No 1) [2018] NSWCA 180

Enterprise ICT Pty Ltd v Pham (No 1) [2018] NSWCA 180

The Court found insufficient evidence that the appellants had recently acquired funds to brief counsel, or that their personal and litigation commitments warranted an adjournment. The interests of justice and procedural fairness favored maintaining the hearing date; therefore, the adjournment and application to add the judgment were dismissed.

Jurisdiction
Australia
Judgment Date
15 August 2018
Procedural Posture
Civil Appeal / Ruling on Interlocutory Applications (adjournment, Evidence, Joinder) Before Substantive Appeal Hearing
Outcome
Applications for adjournment and to add judgment dismissed; other applications dealt with or adjourned.
Legal Topics
['adjournment of Hearing' 'appeal Process' 'joinder of Parties' 'admission of Fresh Evidence']
['civil Procedure'] ['adjournment of Hearing' 'appeal Process' 'joinder of Parties' 'admission of Fresh Evidence']

Case Brief

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Procedural Posture

Civil Appeal / Ruling on Interlocutory Applications (adjournment, Evidence, Joinder) Before Substantive Appeal Hearing

Legal Issues

  1. 1 ['Whether the hearing of the appeal should be adjourned' 'Whether fresh evidence should be admitted' 'Whether additional judgments should be incorporated in the proceedings']

Ratio Decidendi

The Court found insufficient evidence that the appellants had recently acquired funds to brief counsel, or that their personal and litigation commitments warranted an adjournment. The interests of justice and procedural fairness favored maintaining the hearing date; therefore, the adjournment and application to add the judgment were dismissed.

Court Disposition

Applications for adjournment and to add judgment dismissed; other applications dealt with or adjourned.

Orders

  • ['Grant leave for Mr Robert Sebie to appear for the first appellant.' 'Join Nadine Musabwasoni as a respondent to the appeal.' 'Grant leave to the first and second respondents to file in Court an affidavit of John Bui dated 31 July 2018.' 'Dismiss the application to adjourn the hearing of the appeal.' 'Dismiss the...