Sebie v Pham [2018] NSWCA 332

Sebie v Pham [2018] NSWCA 332

In the absence of any appearance by the applicant, the respondents' application to dismiss the notice of motion should be acceded to.

Parties
Applicant: Ramzy Sebie; First Respondent: Andy Vuong Duc Pham; Second Respondent: Thi Huong Giang Pham
Jurisdiction
Australia
Judgment Date
05 December 2018
Procedural Posture
Notice of Motion / Application for Stay of Orders; Hearing and Dismissal
Outcome
Notice of motion filed 19 November 2018 is dismissed with costs.
Legal Topics
Summary Disposal, Dismissal of Notice of Motion, Stay of Orders, Non Appearance
Civil Procedure Summary Disposal Dismissal of Notice of Motion Stay of Orders Non Appearance

Case Brief

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Parties

Ramzy Sebie

Applicant

Andy Vuong Duc Pham

First Respondent

Thi Huong Giang Pham

Second Respondent

Procedural Posture

Notice of Motion / Application for Stay of Orders; Hearing and Dismissal

Legal Issues

  1. 1 Should the notice of motion seeking stay of orders made by Kunc J be granted in the absence of the applicant's appearance?

Ratio Decidendi

In the absence of any appearance by the applicant, the respondents' application to dismiss the notice of motion should be acceded to.

Court Disposition

Notice of motion filed 19 November 2018 is dismissed with costs.

Orders

  • The notice of motion filed 19 November 2018 is dismissed with costs.