Ghosh v Miller [2016] NSWSC 1574

Supreme Court New South Wales

Medium Neutral Citation: Ghosh v Miller [2016] NSWSC 1574 Hearing dates: 28 October 2016 Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction: Common Law Before: Rothman J Decision: (1) Strike out the proposed eighth defendant. (2) The plaintiff is, pursuant to s 23 of the Defamation Act 2005, denied leave to commence proceedings against Nine Digital Pty Limited and Nine Network Australia on the basis of the proposed Statement of Claim. (3) Plaintiff to pay the defendants' costs of today only. Catchwords: DEFAMATION – leave sought to commence another set of proceedings against same defendants, pursuant to s 23 of the Defamation Act 2005 – imprecise and unclear allegations and imputations – costs order still outstanding – delay in commencing further proceedings – that which is not time-barred is inconsequential – leave refused. Legislation Cited: Defamation Act 2005 Category: Procedural and other rulings Parties: Ratna Ghosh (Plaintiff/Applicant) Rodney Miller (First Defendant/First Respondent) Everingham Miller (Second Defendant/Second Respondent) Marilyn Bee (Third Defendant/Third Respondent) John Bee (Fourth Defendant/Fourth Respondent) Michael Ryan (Fifth Defendant/Fifth Respondent) Adam Josef Schuch (Sixth Defendant/Sixth Respondent) Karen Schuch (Seventh Defendant/Seventh Respondent) NINEMSN Pty Ltd (Proposed Eighth Defendant) Nine Digital Pty Ltd (Proposed Ninth Defendant) Nine Network Australia (Proposed Tenth Defendant) Representation: Counsel: S Chrysanthou (Plaintiff) M Maconachie (First and Second Defendants) L Barnett (Proposed Eighth, Ninth and Tenth Defendants)