Ghosh v Miller (No. 3) [2015] NSWDC 133

District Court New South Wales

Medium Neutral Citation: Ghosh v Miller (No. 3) [2015] NSWDC 133 Hearing dates: 14 May 2015 Date of orders: 14 May 2015 Decision date: 14 May 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Note that the Second Further Amended Statement of Claim (MFI 2) is provided to Mr Maconachie to check if it matches what the defendants have. (2) Refuse to make the orders for fresh service of the Second Further Amended Statement of Claim or for particulars as set out in the Short Minutes of Order (MFI 3). (3) Note that the plaintiff no longer brings an application for summary judgment against the fifth defendant on the basis that she accepts that the requirement for the fifth defendant to "attend" today has been discharged by the presence of a legal representative and an undertaking to file a Notice of Appearance in 7 days. (4) The fifth defendant to file a Notice of Appearance in 7 days. (5) Note the third, fourth, sixth and seventh defendants withdraw their complaints concerning the plaintiff's address for service and accept that the plaintiff practises from the premises at Shop 5, 138 Pacific Highway, Charlestown NSW 2290. (6) The plaintiff's application for apprehended violence orders against all defendants sought on the basis set out in paragraph 5 of her affidavit sworn on 14 May 2015 is dismissed. (7) Note MFI 2 has been uplifted for photocopying. (8) Matter stood over for further directions to Thursday 4 June 2015 at 2:00pm. (9) The fifth defendant to use his best endeavours to file and serve his defence by 21 May 2015. Catchwords: TORT - defamation - case management - parties vigorously dispute all timetable orders - circumstances in which court should impose a timetable for efficient conduct of the proceedings - court timetable imposed - plaintiff's application for the District Court to grant an apprehended violence order despite not having sought such an order in the Local Court from which an appeal should be brought - in the absence of such an appeal the District Court lacks jurisdiction (s 91 Crimes (Domestic and Personal Violence) Act 2007 (NSW)) - availability of s 61 Civil Procedure Act 2005 (NSW) to make orders to ensure efficient communication between the parties who are in dispute - consideration of McGuirk v University of New South Wales [2010] NSWCA 104 at [159] Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-62 Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 91 Local Court Act 1982 (NSW), s 33 Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Cases Cited: Ghosh v Google Australia Pty Ltd [2013] NSWDC 146 Ghosh v Miller & Ors (No. 2) [2013] NSWDC 194 Ivory v Telstra Corp Ltd [2002] QCA 457 Jenolan Caves Resort Pty Ltd v Field [2007] NSWSC 1117 McGuirk v University of New South Wales [2010] NSWCA 104 Texts Cited: Sir Alan Herbert, "Uncommon Law" (Methuen, 1930) Category: Procedural and other rulings Parties: Plaintiff: Dr Ratna Ghosh First Defendant: Rodney Miller Second Defendant: Everingham Miller Third Defendant: Marilyn Bee Fourth Defendant: John Bee Fifth Defendant: Michael Ryan Sixth Defendant: Adam Josef Schuch Seventh Defendant: Karen Schuch Representation: Counsel: Plaintiff: In person First and Second Defendants: Mr M Maconachie Third to Seventh Defendants: Ms C Carnell