Ghosh v Nine Digital Pty Ltd [2017] NSWCA 90

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ghosh v Nine Digital Pty Ltd [2017] NSWCA 90 Hearing dates: 26 April 2017 Date of orders: 26 April 2017 Decision date: 05 May 2017 Before: Basten JA at [1]; Simpson JA at [24] Decision: (1) Refuse the application to adjourn the hearing of the application for leave to appeal from the judgment of Rothman J on 28 October 2016.

(2) Refuse the application for leave to appeal.

(3) Applicant to pay the costs in this Court of the second and third respondents to the application. Catchwords: APPEAL – application for leave to appeal – appeal from interlocutory judgment – issue of principle raised – where a grant of leave would be unduly oppressive to the respondent – leave to appeal refused

APPEAL – application for leave to appeal – appeal from interlocutory judgment – issue of principle raised – where a grant of leave would result in a disproportionate burden on the resources of appellate and trial courts – leave to appeal refused

DEFAMATION – practice and procedure – parties – joinder of parties where leave under s 23 of the Defamation Act 2005 (NSW) applies – interplay between s 23 of the Defamation Act and continuing internet publications – leave to appeal refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58 Defamation Act 1974 (NSW), s 9(3) Defamation Act 2005 (NSW), s 23 Limitation Act 1969 (NSW), s 14B Supreme Court Act 1970 (NSW), s 101(2)(e) Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Carey v Australian Broadcasting Corporation (2012) 84 NSWLR 90; [2012] NSWCA 176 Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69 Carolan v Fairfax Media Publications Pty Ltd (No 7) [2017] NSWSC 351 Coulter v The Queen (1988) 164 CLR 350; [1988] HCA 3 Ghosh v Miller [2016] NSWSC 1574 Ghosh v NBN Ltd [2014] QCA 53 Ghosh v Ninemsn Pty Ltd [2013] NSWDC 63 Ghosh v NineMSN Pty Ltd [2015] NSWCA 334 Ghosh v TCN Channel Nine Pty Ltd; Ghosh v Ninemsn Pty Ltd (No 4) [2014] NSWDC 151 Hockey v Fairfax Media Publications Pty Ltd (No 2) (2015) 237 FCR 127; [2015] FCA 750 House v The King (1936) 55 CLR 499; [1936] HCA 40 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Phillips v Robab Pty Ltd [2014] NSWSC 1520 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Texts Cited: New South Wales Law Reform Commission Report on Defamation (1971) LRC No 11 Category: Principal judgment Parties: Dr Ratna Ghosh (Applicant) Nine Digital Pty Ltd trading as Channel Nine Television (First Respondent) Nine Digital Pty Ltd (Second Respondent) Nine Network Australia Pty Ltd (Third Respondent) Representation: Counsel: R Higgins (Applicant) N/A (First Respondent) L Barnett (Second and Third Respondents)