Pham v Sebie [2021] NSWSC 441

Slattery J's orders were properly construed as reserving liberty only for Mr Sebie to seek contribution from Ms Musabwasoni to costs relating to the payment out issue. There was no sufficient basis to vary or vacate those orders. Because Mr Sebie was the principal opponent on the payment out issue and Ms Musabwasoni's opposition was only limited and added no substantive argument, no contribution by her to the $17,211 was warranted.

Jurisdiction: Australia
Judgment Date: 29 April 2021
Procedural Posture: Costs / Application for Contribution to Costs And, Alternatively, to Vary or Vacate Earlier Costs Orders
Outcome: Application for contribution dismissed; no order made for contribution by Ms Musabwasoni to the $17,211.
Legal Topics: ['party/party Costs' 'costs Discretion' 'contribution to Costs' 'variation or Vacation of Orders' 'payment Out Issue']

['costs' 'civil Procedure'] ['party/party Costs' 'costs Discretion' 'contribution to Costs' 'variation or Vacation of Orders' 'payment Out Issue']

Case Brief

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Procedural Posture

Costs / Application for Contribution to Costs And, Alternatively, to Vary or Vacate Earlier Costs Orders

Legal Issues

1 ["Whether Slattery J's orders reserved liberty to Mr Sebie only to seek contribution from Ms Musabwasoni to costs associated with the payment out issue." "Whether the Court should vary or vacate Slattery J's costs orders." 'Whether Ms Musabwasoni should contribute to the lump sum costs amount of $17,211 referable to the payment out issue.']

Ratio Decidendi

Court Disposition

Application for contribution dismissed; no order made for contribution by Ms Musabwasoni to the $17,211.

Orders

['No order for any contribution by Ms Musabwasoni to the $17,211.']