Ghosh v Ninemsn Pty Ltd & Ors (No 2) [2013] NSWDC 145

District Court New South Wales

Medium Neutral Citation: Ghosh v Ninemsn Pty Ltd & Ors (No 2) [2013] NSWDC 145 Hearing dates: 17 August 2013 Decision date: 17 August 2013 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiff's application for leave to file the proposed amended statement of claim is refused, but with leave to serve (but not file) a further draft statement of claim by 20 September 2013 in relation to publications 29, 30, 39, 40, 41, 42, 45, 46, 51 and 52. (2) The plaintiff is to provide a transcript of such part of the 39th and 40th matters complained of which are in her possession and the first and second defendants are directed to make enquiries to locate the remainder of the publication. (3) Proceedings against Stayz Pty Ltd and News Ltd are dismissed. The defendants in these proceedings are Ninemsn Pty Ltd (as first defendant), NBN Ltd (as second defendant) and Miss Katie Gregory (as third defendant). (4) Plaintiff denied leave to commence any proceedings in relation to these publications against Justin Butterworth, Fairfax Media and Gold Coast Publications Pty Ltd. (5) The particulars of aggravated damages and special damage are struck out with leave to replead. (6) Pages 94 to 103 of the proposed amended statement of claim are struck out pursuant to r 14.28 Uniform Civil Procedure Rules 2005 (NSW) as embarrassing. (7) Plaintiff's notice of motion filed on 16 August 2013 seeking interlocutory injunction dismissed. (8) The plaintiff pay Ninemsn Pty Ltd, NBN Ltd and Miss Katie Gregory's costs of the application. (9) Plaintiff to pay the costs of Mr Justin Butterworth, Fairfax Media, Stayz Pty Ltd, Gold Coast Publications Pty Ltd and News Ltd, such costs to be their costs of these proceedings. (10) Matter stood over to Thursday 10 October 2013 in the Newcastle Registry at 10:00am. Catchwords: TORT - defamation - statement of claim struck out with leave to amend - series of amended pleadings served - application to amend to plead 53 defamation claims against 8 defendants between 2009 - and 2013 - whether claim can be made for 31 publications broadcast outside limitation period but alleged to be still available online - abuse of process issues arising from separate defamation proceedings commenced in Queensland in 2010 - inadequate particulars of identification and publication - case management issues for large complex defamation claims - degree of court assistance appropriate for litigants in person - application for leave to amend dismissed for 43 publications, leave to replead, in a further draft statement of claim, granted in relation to the remaining 10 publications. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 - 62 and 64(2)(a) Crimes Act 1900 (NSW), s 91J Indecent Articles and Classified Publications Act 1975 (NSW) Privacy Act 1988 (Cth) Uniform Civil Procedure Rules 2005 (NSW), rr 13.4 and 14.28 Cases Cited: Ahmed v John Fairfax Publications Pty Ltd [2006] NSWSC 11 Al-Shennag v Woodcock [2013] NSWSC 696 Barach v University of New South Wales [2011] NSWSC 431 Billis v McLernon [2013] WASC 128 Bristow v Adams [2012] NSWCA 166 Brunswick, Duke of v Harmer (1849) 14 QB 185 D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1 Dandaven v Harbeth Holdings Pty Ltd [2008] FCA 955 Dank v Whittaker (No 1) [2013] NSWSC 1062 David v Abdishou [2012] NSWCA 109 Dennis v Australian Broadcasting Corp [2008] NSWCA 37 Douglas v McLernon [2013] WASC 126 Douglas v Purpose Marketing Group Pty Ltd [2013] WASC 125 Dow Jones & Co Inc v Gutnick (2002) 210 CLR 575 Dow Jones & Co Inc v Jameel [2005] QB 946 Findlay v Grimmer [2013] WASC 247 Ford v Nagle [2004] NSWCA 33 Ghosh v Ninemsn Pty Ltd & Ors [2013] NSWDC 63 Habib v Radio 2UE Pty Ltd [2009] NSWCA 231 Jenolan Caves Resort Pty Ltd v Field; St George Bank Ltd v Field [2007] NSWSC 1117 Lazarus v Deutsche Lufthansa AG (1985) 1 NSWLR 188 Leech v Sylvester [2012] NSWSC 1367 Mahon v Mach 1 Financial Services Pty Ltd (No 2) [2013] NSWSC 10 Maple v David Syme & Co Ltd [1975] 1 NSWLR 97 Matich v McLernon [2013] WASC 127 McGuirk v University of New South Wales [2010] NSWCA 104 McMahon v John Fairfax Publications Pty Ltd [2010] NSWCA 308 Palace Films Pty Ltd v Fairfax Media Publications Pty Ltd [2012] NSWSC 1136 Palace Films Pty Ltd v Fairfax Media Publications Pty Ltd (No 2) [2012] NSWSC 1448 Perkins v Floradale Productions Pty Ltd & Ors (District Court of NSW, Walmsley SC DCJ, 28 May 2013) Schellenberg v British Broadcasting Commission [2000] EMLR 296 Slipetz v Trudeau [2012] MBQB 111 Toomey v John Fairfax & Sons Ltd (1985) 1 NSWLR 291 Udowenko v Chief Executive Officer and Board of Directors (formerly St George Bank Ltd, a division of Westpac Banking Corporation) (No 2) [2011] NSWSC 1122 Webb v Bloch (1928) 41 CLR 331 Wishhart v Murray [2013] NZHC 540 Texts Cited: - Category: Interlocutory applications Parties: Plaintiff: Dr Ratna Ghosh First Defendant: Ninemsn Pty Ltd Second Defendant: News Limited Third Defendant: Fairfax Media for Stayz Pty Ltd Representation: Plaintiff: In Person Defendants: Ms L Brown Plaintiff: In Person First Defendant: Johnson Winter & Slattery Second Defendant: Ashurst Australia Third Defendant: Banki Haddock Fiora File Number(s): 2013/88183 Publication restriction: None