Sebie v Pham (No 3)

[2021] NSWCA 277

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory orders
4. › Payment out of funds held in Court
5. › Outstanding competing claim to funds
6. › Whether grant of leave would undermine Court's refusal to re-join party as applicant
7. › Whether criteria for leave to appeal from interlocutory orders satisfied
8. › Civil Procedure Act 2005 (NSW), s 101(4)
1. Appeal
2. › Leave to appeal
3. › Extension of time
4. › Applications well out of time
5. › No explanation for delay
6. › Issues known to applicant at relevant times
7. › Rights of third parties intervening
1. Practice and Procedure
2. › Funds in Court
3. › Payment out
4. › Entitlement to funds must be strictly proved
5. › Whether discretionary interlocutory payment out appropriate where competing claim outstanding
6. › Uniform Civil Procedure Rules 2005 (NSW), r 41.3
1. Practice and Procedure
2. › Corporations
3. › Legal representation
4. › Requirement that company conduct proceedings by solicitor
5. › Whether director may appear for company
6. › Uniform Civil Procedure Rules 2005 (NSW), r 7.1

Quick Take

A court may refuse leave to appeal from payment out orders where the only party with a competing claim to the funds has been removed as an applicant and does not seek to participate, even where the claim is acknowledged to be arguable.