Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 11) [2019] NSWSC 115

Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 11) [2019] NSWSC 115

The existing costs order is a bona fide debt owed by Robert Sebie to the Phams, and must be satisfied from the funds in Court prior to matrimonial property division; there is no legal basis to delay execution pending the Family Court proceedings as matrimonial liabilities must be deducted from the net assets before distribution.

Jurisdiction
Australia
Judgment Date
20 February 2019
Procedural Posture
Civil (equity Costs Enforcement) / Post Judgment, Enforcement of Costs Orders
Outcome
Payment out granted; costs awarded to Phams; directions for interest calculation; liberty to apply.
Legal Topics
['funds in Court' 'costs Enforcement' 'priority of Third Party Claims' 'property Settlement']
['civil Procedure' 'family Law' 'equity'] ['funds in Court' 'costs Enforcement' 'priority of Third Party Claims' 'property Settlement']

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Procedural Posture

Civil (equity Costs Enforcement) / Post Judgment, Enforcement of Costs Orders

Legal Issues

  1. 1 ['Whether the funds in Court should be paid out to the plaintiffs in satisfaction of the lump sum costs order before the resolution of proceedings in the Family Court of Australia']

Ratio Decidendi

The existing costs order is a bona fide debt owed by Robert Sebie to the Phams, and must be satisfied from the funds in Court prior to matrimonial property division; there is no legal basis to delay execution pending the Family Court proceedings as matrimonial liabilities must be deducted from the net assets before distribution.

Court Disposition

Payment out granted; costs awarded to Phams; directions for interest calculation; liberty to apply.

Orders

  • ['On or after 27 March 2019, $263,660 (exclusive of interest) may be paid from Court funds in the name of Robert Sebie to the plaintiffs.' 'By 4pm on 1 March 2019, plaintiffs must file and serve Short Minutes of Order setting out their fully worked calculation of interest on the 30 January 2018 gross sum costs order...