Ghosh v NineMSN Pty Ltd [2014] NSWCA 180

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ghosh v NineMSN Pty Ltd [2014] NSWCA 180 Hearing dates: 2 June 2014 Decision date: 06 June 2014 Before: Meagher JA Decision: (a) In proceeding 2013/282150: (1) Refuse an extension of time for the filing of the amended summons seeking leave to appeal. (2) The amended summons seeking leave to appeal be dismissed. (3) The applicant pay the costs of the first, second and third respondents of their notice of motion filed on 17 April 2014. (4) The applicant pay the costs of the fourth, fifth and sixth respondents of their notice of motion filed on 17 April 2014. (b) In proceeding 2013/330096: (1) Refuse an extension of time for the filing of the summons seeking leave to appeal. (2) The summons seeking leave to appeal be dismissed. (3) The appeal be dismissed as incompetent. (4) The applicant/appellant pay the costs of the first, second and third respondents of their notice of motion filed on 17 April 2014. (5) The applicant/appellant pay the costs of the fourth, fifth and sixth respondents of their notice of motion filed on 17 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: PRACTICE AND PROCEDURE - summons for leave to appeal from interlocutory orders filed out of time - application to dismiss summons - whether in interests of justice to extend time - proposed appeals have no real prospects of success - applications for leave to appeal dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 60 District Court Act 1973 (NSW), s 127 Uniform Civil Procedure Rules, rr 15.1, 15.19, 51.2, 51.10 Cases Cited: Gallo v Dawson [1990] HCA 30; 64 ALJR 458 Ghosh v NineMSN Pty Ltd & Ors [2013] NSWDC 63 House v The King [1936] HCA 40; 55 CLR 499 Macquarie Bank Ltd v National Mutual Life Association of Australia Ltd (1996) 40 NSWLR 543 Category: Interlocutory applications Parties: Dr Ratna Ghosh (Applicant) NineMSN Pty Ltd (First Respondent) NBN Ltd (Second Respondent) Katie Gregory (Third Respondent) Justin Butterworth (Fourth Respondent) Fairfax Media (Fifth Respondent) Stayz Pty Ltd (Sixth Respondent) Gold Coast Publications (Seventh Respondent) News Ltd (Eighth Respondent) Representation: Counsel: CJ Dibb (Applicant) L Barnett (Respondents) Solicitors: Carters Law Firm (Applicant) Johnson Winter & Slattery (First, Second and Third Respondents) Banki Haddock Fiora (Fourth, Fifth and Sixth Respondents) Ashurst Australia (Seventh and Eighth Respondents) File Number(s): 2013/282150 2013/330096 Decision under appeal Jurisdiction: 9101 Citation: Ghosh v NineMSN Pty Ltd & Ors (No 2) [2013] NSWDC 145 Ghosh v NineMSN Pty Ltd & Ors (No 3) [2013] NSWDC 206 Before: Gibson DCJ File Number(s): 2013/88183