Ghosh v TCN Channel Nine Pty Ltd & Ors (No. 2); Ghosh v Ninemsn Pty Ltd & Ors (No. 5) [2014] NSWDC 215

District Court New South Wales

Medium Neutral Citation: Ghosh v TCN Channel Nine Pty Ltd & Ors (No. 2); Ghosh v Ninemsn Pty Ltd & Ors (No. 5) [2014] NSWDC 215 Hearing dates: 31 October 2014 Decision date: 31 October 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) An order pursuant to s 8(1)(e) Court Suppression and Non-Publication Orders Act 2010 (NSW) restricting publication of the contents of the affidavits which are Exhibit A, which affidavits are to be placed in a sealed envelope until further order. (2) Plaintiff's notice of motion dismissed. (3) Plaintiff pay defendants' costs of the notice of motion (brought pursuant to r 36.16 UCPR) and of the amended notice of motion (brought pursuant to r 36.15 UCPR) on an indemnity basis. Catchwords: TORT - practice and procedure - Application by litigant in person to set aside judgment under UCPR r 36.15 and UCPR 36.16 - whether alleged incompetence of legal practitioners amounted to grounds to submitting that the judgment had been obtained illegally - plaintiff's application for summary judgment against defendant refused - turns on its own facts Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 12.7, 36.15 and 36.16 Cases Cited: Coren v Master Builders Association of New South Wales Pty Ltd [2014] NSWCA 244 Ghosh v TCN Channel Nine Pty Ltd & Ors; Ghosh v Ninemsn Pty Ltd & Ors (No 4) [2014] NSWDC 151 Zakaria v Dr Noyce [2012] NSWSC 981 Texts Cited: - Category: Procedural and other rulings Parties: Plaintiff: Ratna Ghosh First Defendant: TCN Channel Nine Pty Ltd Second Defendant: Nine Network Australia Ltd Third Defendant: Ninemsn Pty Ltd (ACN 077 753 461) Fourth Defendant: NBN Limited (ACN 000 232 486) Fifth Defendant: Katie Gregory Representation: Plaintiff: Dr R Ghosh (in person) Defendants: Mrs L E Barnett Plaintiff: In person Defendants: Johnson Winter & Slattery File Number(s): 2014/63022 consolidated with 2013/88183 Publication restriction: None