Sebie v Pham (No 5) [2022] NSWCA 111

Sebie v Pham (No 5) [2022] NSWCA 111

The application for stay was refused because there was no change of circumstances or new facts since a previous refusal, the application for reconsideration was incompetent and out of time under UCPR r 36.16, the only party potentially prejudiced by the payment out (ENA) is not seeking the stay, the previous orders had already been performed, and there was no substantial prospect of special leave to the High Court being granted.

Jurisdiction
Australia
Judgment Date
01 July 2022
Procedural Posture
Notice of Motion (application for Stay/reconsideration) / Court of Appeal Procedural Ruling on Stay and Reconsideration Application
Outcome
Application dismissed with costs
Legal Topics
['application for Stay' 'reconsideration of Judgment' 'leave to Appeal' 'payment Out of Court' 'special Leave to High Court' 'setting Aside Orders']
['civil Procedure'] ['application for Stay' 'reconsideration of Judgment' 'leave to Appeal' 'payment Out of Court' 'special Leave to High Court' 'setting Aside Orders']

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Procedural Posture

Notice of Motion (application for Stay/reconsideration) / Court of Appeal Procedural Ruling on Stay and Reconsideration Application

Legal Issues

  1. 1 ['Whether a stay of orders for payment of money out of court should be granted pending an application for special leave to appeal to the High Court' 'Whether reconsideration of previous judgment is available under UCPR r 36.16']

Ratio Decidendi

The application for stay was refused because there was no change of circumstances or new facts since a previous refusal, the application for reconsideration was incompetent and out of time under UCPR r 36.16, the only party potentially prejudiced by the payment out (ENA) is not seeking the stay, the previous orders had already been performed, and there was no substantial prospect of special leave to the High Court being granted.

Court Disposition

Application dismissed with costs

Orders

  • ['Notice of motion filed on 22 December 2021 and amended on 4 May 2022 dismissed with costs.']