Ghosh v Ninemsn Pty Limited [2014] NSWCA 121

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ghosh v Ninemsn Pty Limited [2014] NSWCA 121 Hearing dates: 31 March 2014 Decision date: 31 March 2014 Before: Beazley P Decision: (1) Dismiss the notice of motion filed 3 February 2014; (2) Order the appellant, Dr Ratna Ghosh, pay the respondents' costs of the appearance on the notice of motion; (3) Direct the respondents to file and serve their notices of appearance by 4 pm, Monday 14 April 2014. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - costs - dismissal of proceedings

PROCEDURE - appearance in absence of formal service - active participation in directions hearings - notice of appearance required - Uniform Civil Procedure Rules, r 6.1 Legislation Cited: Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: Dr Ratna Ghosh (Appellant) Ninemsn Pty Limited (First Respondent) NBN Limited (Second Respondent) Katie Gregory (Third Respondent) Justin Butterworth (Fourth Respondent) Fairfax Media (Fifth Respondent) Stayz Pty Limited (Sixth Respondent) Gold Coast Publications (Seventh Respondent) News Limited (Eighth Respondent) Representation: Counsel: In person (Appellant) L Barnett (Respondents) Solicitors: N/A File Number(s): CA 2013/282150 Decision under appeal Jurisdiction: 9101 Citation: Ghosh v Ninemsn Pty Ltd & Ors (No 2) [2013] NSWDC 145 Date of Decision: 2013-08-20 00:00:00 Before: Gibson DCJ File Number(s): 2013/88183