Ghosh v Baycorp Collections PDL Aust Pty Ltd [2016] NSWSC 481

Supreme Court New South Wales

Medium Neutral Citation: Ghosh v Baycorp Collections PDL Aust Pty Ltd [2016] NSWSC 481 Hearing dates: 15 April 2016 Date of orders: 28 April 2016 Decision date: 28 April 2016 Before: Garling J Decision: (1) First Further Amended Summons filed 18 May 2015 is dismissed. (2) The plaintiff is to pay the defendant's costs of the proceedings. Catchwords: PRACTICE AND PROCEDURE – civil – Summons seeking to appeal judgments of the Local Court – where Local Court entered default judgment and subsequently refused to set the default judgment aside – whether any of the Local Court judgments disclosed an error of law Legislation Cited: Legal Profession Uniform Conduct (Barristers) Rules 2015 Local Court Act 2007 NSW Barristers Rules (January 2014) Uniform Civil Procedure Rules Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: Dr Ratna Ghosh (P) Baycorp Collections PDL Aust Pty Ltd (D) Representation: Counsel: R Rasmussen (P) A Kaufman (D)

Solicitors: Smith Leonard Fahey (D) File Number(s): 2014/147232 Publication restriction: Not Applicable

Judgment 1. Baycorp Collections PDL Aust Pty Ltd ("Baycorp") commenced proceedings against Dr Ratna Ghosh in the Local Court in 2013. On 20 May 2013, Baycorp obtained default judgment against Dr Ghosh in the sum of $15,026.87. 2. Between June 2013 and September 2014, Dr Ghosh filed seven Notices of Motion in the Local Court seeking, in various ways, to challenge the default judgment. 3. By a Summons filed on 15 May 2014, Dr Ghosh commenced proceedings in this Court seeking leave to appeal against the various decisions of the Local Court. The original Summons was amended on 2 February 2015. It was further amended on 18 May 2015 when Dr Ghosh filed a document entitled "First Further Amended Summons" (the Summons). 4. The Summons came before the Court for hearing on 15 April 2016. 5. For the reasons which follow, the Summons must be dismissed with costs.