Pham v Sebie [2021] NSWSC 440

Pham v Sebie [2021] NSWSC 440

Mr Sebie did not make a formal adjournment application or provide adequate medical or other evidence explaining why he could not attend at least by telephone on 13 April 2021, and the Court was required to convene to finalise orders. He was also unsuccessful on 28 April 2021 in opposing the orders sought and in his motion concerning the Slattery J order. Applying the principle that costs follow the event, he should bear the relevant costs, to be dealt with on a lump sum basis after written material.

Jurisdiction
Australia
Judgment Date
28 April 2021
Procedural Posture
Costs / Ex Tempore Judgment on Costs
Outcome
Mr Sebie was ordered or proposed to be ordered to pay the relevant costs, with lump sum amounts to be determined on the papers after short written submissions and responses.
Legal Topics
['party/party Costs' 'costs Follow the Event' 'lump Sum Costs' 'adjournment' 'notice of Motion']
['costs' 'civil Procedure'] ['party/party Costs' 'costs Follow the Event' 'lump Sum Costs' 'adjournment' 'notice of Motion']

Case Brief

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Procedural Posture

Costs / Ex Tempore Judgment on Costs

Legal Issues

  1. 1 ["Whether Mr Sebie should pay costs of counsel's attendance on 13 April 2021." 'Whether Mr Sebie should pay costs of the hearing on 28 April 2021 after being unsuccessful in his opposition to the orders sought.' 'Whether costs should be determined on a lump sum basis rather than by assessment.' "Whether Ms Musabwasoni's costs of Mr Sebie's motion concerning contribution to amounts ordered by Slattery J should be borne by Mr Sebie."]

Ratio Decidendi

Mr Sebie did not make a formal adjournment application or provide adequate medical or other evidence explaining why he could not attend at least by telephone on 13 April 2021, and the Court was required to convene to finalise orders. He was also unsuccessful on 28 April 2021 in opposing the orders sought and in his motion concerning the Slattery J order. Applying the principle that costs follow the event, he should bear the relevant costs, to be dealt with on a lump sum basis after written material.

Court Disposition

Mr Sebie was ordered or proposed to be ordered to pay the relevant costs, with lump sum amounts to be determined on the papers after short written submissions and responses.

Orders

  • ['Mr Sebie should pay the costs of 13 April 2021.' 'Mr Sebie should pay the costs of 28 April 2021.' 'The outstanding lump sum costs application is to be dealt with on the papers after Mr Zipser provides a short note and Mr Sebie and Mr Duc have seven days to respond in writing.' "Costs in favour of Mr Zipser's...