Pham v Enterprise ICT Pty Ltd & Ors (No. 10) [2018] NSWSC 1805
The applicant's claim is stayed against the plaintiffs due to failure to provide security for costs, and does not displace the plaintiffs' entitlement to possession as registered proprietors; thus, there are insufficient grounds to justify a stay of execution.
- Parties
- Applicant: ENA Development Pty Ltd; First Plaintiff: Andy Vuong Duc Pham; Second Plaintiff: Thi Huong Giang Pham; Third Defendant: Robert Sebie
- Jurisdiction
- Australia
- Judgment Date
- 23 November 2018
- Procedural Posture
- Application / Stay of Execution of Writ of Possession—ruling on Notice of Motion
- Outcome
- Application for stay dismissed with costs
- Legal Topics
- Enforcement of Judgments, Writ of Possession, Stay of Execution, Possession of Land
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
ENA Development Pty Ltd
Applicant
Andy Vuong Duc Pham
First Plaintiff
Thi Huong Giang Pham
Second Plaintiff
Robert Sebie
Third Defendant
Procedural Posture
Application / Stay of Execution of Writ of Possession—ruling on Notice of Motion
Legal Issues
- 1 Whether execution of writ of possession should be stayed pending determination of Family Court and Court of Appeal proceedings
Ratio Decidendi
The applicant's claim is stayed against the plaintiffs due to failure to provide security for costs, and does not displace the plaintiffs' entitlement to possession as registered proprietors; thus, there are insufficient grounds to justify a stay of execution.
Court Disposition
Application for stay dismissed with costs
Orders
- The applicant's notice of motion is dismissed.
- The applicant pay the plaintiffs' costs of the motion.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment