Ghosh v Scott Newton trading as Shaw Gidley (No 6) [2023] NSWSC 1393

Supreme Court New South Wales

Medium Neutral Citation: Ghosh v Scott Newton trading as Shaw Gidley (No 6) [2023] NSWSC 1393 Hearing dates: 31 October 2023 Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) Dr Ghosh is given leave to amend her March 2023 motion by her late filed October motion. (2) Dr Ghosh's original statement of claim is struck out. (3) Dr Ghosh file and serve any further motion seeking leave to file any further amended statement of claim on or before 1 February 2024, together with a supporting affidavit. (4) Mr Newton inform Dr Ghosh within 7 days of service whether the leave thereby sought will be consented to or opposed. (5) Dr Ghosh bear Mr Newton's costs of her motions, as agreed or assessed. (6) The hearing of Mr Newton's motion is adjourned to be heard and finally determined together with any further motion seeking leave to replead which Dr Ghosh may file. (7) Costs of Mr Newton's motion are reserved. (8) The matter be transferred to the Equity Division. (9) The matter is adjourned for further directions at 9.30 am on 12 February 2024 before Kunc J. Catchwords: CIVIL PROCEDURE – Pleadings – Amendment – Where existing statement of claim to be struck out – Where plaintiff seeks leave to proceed on proposed amended statement of claim alleging serious wrongdoing – Where proposed amended statement of claim still seeks to impugn judgments of other courts and fails to comply with requirements of the Uniform Civil Procedure Rules 2005 (NSW) – Whether leave should be granted – Whether proceedings should be dismissed or plaintiff given a further opportunity to replead – Final opportunity to replead to be given Legislation Cited: Bankruptcy Act 1966 (Cth) s 139ZQ Corporations Act 2001 (Cth) Superannuation Industry Supervision Act 1993 (Cth) Uniform Civil Procedure Rules 205 (NSW) r 13.4 Civil Procedure Act 2005 Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; ALR 14 [2009] HCA 27 Bayne v Blake (No 3) [1909] HCA 60; (1909) 9 CLR 366 General Steel Industries Inc v Commissioner for Railways (NSW) 1964 112 Ghosh v Miller (No 2) [2018] NSWCA 212 GR v Secretary, Department of Communities and Justice [2023] NSWCA 239 Wickstead v Browne (1992) 30 NSWLR 1; [1992] NSWCA 272 Category: Principal judgment Parties: Ratna Ghosh (Plaintiff) Scott Newton trading as Shaw Gidley (First Defendant) Rodney Miller (Second Defendant) Representation: Counsel: Mr D Neggo (Defendant)