Recent Cases

Sebie v Pham (No 5) [2022] NSWCA 111 (01 July 2022) (Brereton JA)


CIVIL PROCEDURE – Court of Appeal – Application for stay of orders for payment of money out of court, pending application for special leave to appeal to High Court – Where leave to appeal against those payment orders and earlier orders refused by majority of this Court – Where similar application to present already refused for lack of prospect that special leave will be granted – Application for reconsideration under UCPR r 36.16 incompetent – No application made for review of previous decision nor suggestion that conclusion was incorrect – No change of circumstances since first decision identified – Stay not sought by only party potentially prejudiced by relevant orders – Application dismissed with costs