Ghosh v Miller (No 2) [2017] NSWSC 791

Supreme Court New South Wales

Medium Neutral Citation: Ghosh v Miller (No 2) [2017] NSWSC 791 Hearing dates: 1 September 2016 Date of orders: 19 June 2017 Decision date: 19 June 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) Motion of the plaintiff dismissed as to prayer one;

(2) Judgment for the defendants and each of them on the motions filed by them;

(3) Proceedings dismissed;

(4) The plaintiff may not file any application (other than an appeal from this judgment) in relation to commencing further proceedings for defamation arising from the publications to which these proceedings refer, without leave of the Court, to be granted if the plaintiff can establish a capacity to proceed efficiently, justly and expeditiously.

(5) The plaintiff shall pay the defendants' costs of and incidental to the proceedings, as agreed or assessed. Catchwords: PRACTICE & PROCEDURE – defamation – abuse of process – disproportionate costs – delay – breach of duty imposed by Civil Procedure Act – lack of due despatch – proceedings dismissed. Legislation Cited: Civil Procedure Act 2005 Defamation Act 2005 Uniform Civil Procedures Rules 2005 Vexatious Proceedings Act 2008 Supreme Court Act 1970 Cases Cited: Attorney General v Crocker [2010] NSWSC 942 Batistatos v Roads and Traffic Authority (NSW); Batistatos v Newcastle City Council (2006) 226 CLR 256 Ghosh v Miller [2016] NSWSC 1574 Ghosh v NBN Ltd [2014] QCA 53 Ghosh v Nine Digital Pty Ltd [2017] NSWCA 90 Ghosh v TCN Channel Nine Pty Ltd; Ghosh v Nine MSN Pty Ltd (No 4) [2014] NSWDC 151 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 Lachlan v HP Mercantile Pty Ltd (2015) 89 NSWLR 198; [2015] NSWCA 130 Moore v Inglis (1976) 50 ALJR 589 PNJ v R (2009) 83 ALJR 384; [2009] HCA 6 Templar v Britton (No 2) Stollznow v Calvert [1980] 2 NSWLR 749 Walton v Gardener (1993) 177 CLR 378; [1993] HCA 77 Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Category: Principal judgment Parties: Ratna Ghosh (Plaintiff) Rodney Miller (First Defendant) Everingham Miller (Second Defendant) Marilyn Bee (Third Defendant) John Bee (Fourth Defendant) Michael Ryan (Fifth Defendant) Adam Josef Schuch (Sixth Defendant) Karen Schuch (Seventh Defendant) Representation: Counsel: Self-represented (Plaintiff) M Maconachie (First and Second Defendants) C Carnell (Third, Fourth, Fifth, Sixth and Seventh Defendants)