Pham v Enterprise ICT Pty Ltd [2022] NSWSC 12

Pham v Enterprise ICT Pty Ltd [2022] NSWSC 12

The notice of motion seeking a stay of the payment out orders was dismissed as it lacked utility once it became clear the payment out had already occurred; no order was made as to costs due to a genuine misunderstanding about the state of performance of the payment out orders and the communication between parties.

Jurisdiction
Australia
Judgment Date
12 January 2022
Procedural Posture
Notice of Motion / Costs Ruling After Dismissal of Motion
Outcome
Motion dismissed; no order as to costs.
Legal Topics
['costs' 'stay of Orders' 'payment Out of Court Funds' 'court Procedure']
['equity' 'civil Procedure'] ['costs' 'stay of Orders' 'payment Out of Court Funds' 'court Procedure']

Case Brief

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Procedural Posture

Notice of Motion / Costs Ruling After Dismissal of Motion

Legal Issues

  1. 1 ["Whether ENA's notice of motion seeking a stay of payment out orders should be granted" 'Whether any order as to costs should be made in relation to the dismissed motion']

Ratio Decidendi

The notice of motion seeking a stay of the payment out orders was dismissed as it lacked utility once it became clear the payment out had already occurred; no order was made as to costs due to a genuine misunderstanding about the state of performance of the payment out orders and the communication between parties.

Court Disposition

Motion dismissed; no order as to costs.

Orders

  • ["Dismiss ENA's motion dated 23 December 2021." 'No order as to costs of that motion.']