Ghosh v Scott Newton trading as Shaw Gidley (No 9) [2024] NSWSC 740

Supreme Court New South Wales

Medium Neutral Citation: Ghosh v Scott Newton trading as Shaw Gidley (No 9) [2024] NSWSC 740 Hearing dates: 13 June 2024 Date of orders: 13 June 2024 Decision date: 13 June 2024 Jurisdiction: Equity Before: Kunc J Decision: Leave to file amended statement of claim refused and proceedings dismissed with costs Catchwords: CIVIL PROCEDURE — Pleadings — Amendment — Repeated attempts to plead case — Previous pleading struck out with indication that likely only one further chance would be given — Leave not granted where proposed further pleading liable to be struck out as abuse of process Legislation Cited: Bankruptcy Act 1966 (Cth) s 116(2)(g) Cases Cited: Ghosh v Scott Newton trading as Shaw Gidley (No 6) [2023] NSWSC 1393 Ghosh v Scott Newton trading as Shaw Gidley (No 7) Samootin v Shea [2010] NSWCA 371 Category: Procedural rulings Parties: Ratna Ghosh (Plaintiff) Scott Newton (First Defendant) Rodney Miller (Second Defendant) Shaw Gidley Port Macquarie Pty Ltd (Proposed Third Defendant) Bhaskar Bandyopadhyay (Proposed Fourth Defendant) Sujoy Bijoy Chowdhury (Proposed Fifth Defendant) Jaya Chowdhury (Proposed Sixth Defendant) Swapan Chowdhury (Proposed Seventh Defendant) Supriya Chowdhury (Proposed Eighth Defendant) Commonwealth Bank of Australia (Proposed Ninth Defendant) Bank of Queensland Limited (Proposed Tenth Defendant) National Australia Bank (Proposed Eleventh Defendant) Representation: Counsel: D Neggo (First and Proposed Third Defendant) W Abramowicz (Solicitor) (Proposed Eighth Defendant) Z Hillman (Proposed Ninth Defendant) J Hynes (Proposed Eleventh Defendant)