Sebie v Pham

[2021] NSWCA 115

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Court of Appeal
3. › Stay of orders
4. › Stay of payment out orders
5. › Funds in Court representing purchase money of real property
6. › Whether judgment creditor entitled to payment out orders
7. › Outstanding claim to funds by second applicant
8. › Whether claim not without merits
9. › Stay granted conditionally upon formal undertakings as to damages
1. Practice and Procedure
2. › Court of Appeal
3. › Stay of costs orders
4. › Application out of time
5. › Whether sufficient prospects of success demonstrated
6. › Stay refused
1. Practice and Procedure
2. › Funds in Court
3. › Payment out
4. › Power to order payment to judgment creditor from funds in Court
5. › Whether judgment creditor entitled to payment out
6. › Entitlement to funds must be strictly proved
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 41.3, 41.16

Quick Take

Payment out of funds in Court should not be ordered on a discretionary interlocutory basis where there are outstanding claims to the fund, and entitlement must be strictly proved with notice to all potential claimants.