Sebie v Pham (No 2) [2021] NSWCA 274

Sebie v Pham (No 2) [2021] NSWCA 274

The notice of motion should be dismissed because there was no proper advocacy, no identification of relevant evidence, serious doubts as to the conduct and instructions of those purporting to represent the applicant, and the attempt to circumvent the rule requiring a corporation to appear by a solicitor constituted abuse of process. The Court was not satisfied that the grounds for granting the relief sought had been made out.

Jurisdiction
Australia
Judgment Date
21 October 2021
Procedural Posture
Notice of Motion in Application for Leave to Appeal / Court of Appeal Motion to Reinstate Company as Appellant/add Director as Applicant
Outcome
Notice of Motion dismissed with indemnity costs payable out of fund held by Court in these proceedings
Legal Topics
['notice of Motion' 'joinder of Parties' 'representation of Corporations' 'application for Leave to Appeal']
['civil Procedure'] ['notice of Motion' 'joinder of Parties' 'representation of Corporations' 'application for Leave to Appeal']

Case Brief

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Procedural Posture

Notice of Motion in Application for Leave to Appeal / Court of Appeal Motion to Reinstate Company as Appellant/add Director as Applicant

Legal Issues

  1. 1 ['Whether ENA Development Pty Ltd should remain as appellant or be respondent' 'Whether Ronald Jemmott should be joined as third appellant' 'Whether requirements for representation of corporation were circumvented' 'Whether motion should be dismissed for lack of proper advocacy and candour to court']

Ratio Decidendi

The notice of motion should be dismissed because there was no proper advocacy, no identification of relevant evidence, serious doubts as to the conduct and instructions of those purporting to represent the applicant, and the attempt to circumvent the rule requiring a corporation to appear by a solicitor constituted abuse of process. The Court was not satisfied that the grounds for granting the relief sought had been made out.

Court Disposition

Notice of Motion dismissed with indemnity costs payable out of fund held by Court in these proceedings

Orders

  • ['Notice of Motion dismissed' 'Indemnity costs to be paid out of the fund held by the Court in the proceedings subject to the application for leave to appeal']