Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie [2017] NSWSC 1509

Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie [2017] NSWSC 1509

Enterprise ICT Pty Ltd and Robert Sebie unreasonably opposed implementation of the access order and frustrated court orders, warranting indemnity costs to the Phams for the contempt motion; costs to be recoverable by set-off at settlement, per previous court mechanisms and in line with conduct and existing orders.

Jurisdiction
Australia
Judgment Date
08 November 2017
Procedural Posture
Civil (equity, Supreme Court Nsw) / Costs Ruling After Interlocutory and Contempt Motions
Outcome
Costs order in favour of plaintiffs; first and third defendants to pay indemnity costs of contempt motion, set-off permitted at settlement.
Legal Topics
['costs in Interlocutory Proceedings' 'contempt of Court' 'specific Performance' 'fraudulent Conveyance' 'enforcement of Access Orders' 'caveat and Equitable Interest Protection']
['civil Procedure' 'equity' 'property Law' 'family Law'] ['costs in Interlocutory Proceedings' 'contempt of Court' 'specific Performance' 'fraudulent Conveyance' 'enforcement of Access Orders' 'caveat and Equitable Interest Protection']

Case Brief

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Procedural Posture

Civil (equity, Supreme Court Nsw) / Costs Ruling After Interlocutory and Contempt Motions

Legal Issues

  1. 1 ["Who should pay the costs of the plaintiffs' contempt motion?" "Were the first and third defendants' actions in refusing access unreasonable under court orders?" 'Should costs be recoverable by set-off against settlement amounts?' 'Should indemnity or ordinary costs apply?']

Ratio Decidendi

Enterprise ICT Pty Ltd and Robert Sebie unreasonably opposed implementation of the access order and frustrated court orders, warranting indemnity costs to the Phams for the contempt motion; costs to be recoverable by set-off at settlement, per previous court mechanisms and in line with conduct and existing orders.

Court Disposition

Costs order in favour of plaintiffs; first and third defendants to pay indemnity costs of contempt motion, set-off permitted at settlement.

Orders

  • ["Order first and third defendants, Enterprise ICT Pty Ltd and Robert Sebie, to pay plaintiffs' costs of contempt motion filed on 15 June 2017, on indemnity basis." 'Order that plaintiffs may deduct at settlement with third defendant the quantum of costs ordered, as agreed or assessed or determined by the Court.'...