Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 9) [2018] NSWSC 1657

Pham v Enterprise ICT Pty Ltd and Others; Pham v Sebie (No. 9) [2018] NSWSC 1657

Mr Robert Sebie was responsible in substance for the need to join the Registrar General because he filed or assisted in filing the caveats that disrupted settlement, including direct evidence linking him to the Mirzikinian caveat and circumstantial inference from the timing and purpose of the caveats. The Registrar General was therefore entitled to its costs from Mr Robert Sebie. A specified gross sum order was appropriate because further costs assessment would likely be unnecessary, expensive and contentious, and because the Registrar General should be able to exit the litigation without further expense. On the evidence of work done and likely costs incurred, $5,000 was a fair specified...

Jurisdiction
Australia
Judgment Date
01 November 2018
Procedural Posture
Costs Application in Equity Proceedings / Determination of the Registrar General's Application for Costs, a Specified Gross Sum Costs Order, and Payment Out of Funds Held in Court
Outcome
Registrar General awarded costs against Mr Robert Sebie, fixed as a specified gross sum of $5,000, to be paid out of monies in Court on 28 November 2018.
Legal Topics
["registrar General's Costs" 'specified Gross Sum Costs Order' 'caveats' 'payment Out of Funds in Court' 'court Ordered Conveyancing Transaction']
['costs' 'civil Procedure' 'real Property'] ["registrar General's Costs" 'specified Gross Sum Costs Order' 'caveats' 'payment Out of Funds in Court' 'court Ordered Conveyancing Transaction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application in Equity Proceedings / Determination of the Registrar General's Application for Costs, a Specified Gross Sum Costs Order, and Payment Out of Funds Held in Court

Legal Issues

  1. 1 ['Whether a costs order should be made against any of the Sebie parties in favour of the Registrar General.' 'Whether a specified gross sum costs order should be made under Civil Procedure Act 2005, s 98(4)(c) in lieu of assessed costs.' 'In what sum any specified gross sum costs order should be made.' 'Whether the specified gross sum costs order can be paid out of the funds held in Court, being the proceeds of sale of the Chiswick property.']

Ratio Decidendi

Mr Robert Sebie was responsible in substance for the need to join the Registrar General because he filed or assisted in filing the caveats that disrupted settlement, including direct evidence linking him to the Mirzikinian caveat and circumstantial inference from the timing and purpose of the caveats. The Registrar General was therefore entitled to its costs from Mr Robert Sebie. A specified gross sum order was appropriate because further costs assessment would likely be unnecessary, expensive and contentious, and because the Registrar General should be able to exit the litigation without further expense. On the evidence of work done and likely costs incurred, $5,000 was a fair specified...

Court Disposition

Registrar General awarded costs against Mr Robert Sebie, fixed as a specified gross sum of $5,000, to be paid out of monies in Court on 28 November 2018.

Orders

  • ["Order Mr Robert Sebie to pay the Registrar General's costs of the Registrar General's involvement in these proceedings." 'Order that a gross lump costs order be made in respect of the costs the subject of Order 1 instead of assessed costs.' 'Make a specified gross sum costs order in the amount of $5,000.' 'Order...