Ghosh v Miller [2018] NSWCA 138

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ghosh v Miller [2018] NSWCA 138 Hearing dates: 18 June 2018 Date of orders: 18 June 2018 Decision date: 22 June 2018 Before: Sackville AJA Decision: 1. The Respondents' motion filed on 16 May 2018 is dismissed. 2. The Respondents pay the appellant's costs of the motion. Catchwords: COSTS – security for costs – appellant is an undischarged bankrupt – motion filed after leave to appeal granted – whether special circumstances established Legislation Cited: Bankruptcy Act 1966 (Cth), s 116(2)(g)

Supreme Court Act 1970 (NSW), s 101(2)(e)

Uniform Civil Procedure Rules 2005 (NSW), r 51.50 Cases Cited: Ghosh v Miller (No 2) [2017] NSWSC 791 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Li v State of New South Wales [2013] NSWCA 165 Category: Procedural and other rulings Parties: Dr Ratna Ghosh (Appellant) Rodney Miller (First Respondent) Elizabeth Everingham Miller (Second Respondent) Marilyn Bee (Third Respondent) John Bee (Fourth Respondent) Michael Ryan (Fifth Respondent) Adam Schuch (Sixth Respondent) Karen Schuch (Seventh Respondent) Representation: Counsel: Mr R Rasmussen (Applicant) Mr M Maconachie (First and Second Respondents)

Solicitors: Higgins & Dix (First and Second Respondents) File Number(s): 2017/190932 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2017] NSWSC 791 Date of Decision: 19 June 2017 Before: Rothman J File Number(s): 2013/238215