Ghosh v Medical Council of NSW

In *Ghosh v Medical Council of NSW*, the appellant, Dr Ghosh, sought to appeal a decision of the Medical Council of New South Wales. The Medical Council had filed a notice of motion seeking the dismissal of the appeal on grounds including want of due despatch, no reasonable cause of action, or that the appeal constituted an abuse of process. The matter came before Barrett AJA.

The primary legal issue before the Court was whether certain paragraphs of the amended notice of appeal should be struck out. This involved considering whether those paragraphs disclosed a reasonable cause of action or whether their inclusion amounted to an abuse of the court's process.

Barrett AJA determined that paragraphs 4, 8, 9, and 10 of the amended notice of appeal were to be struck out. This decision was based on the Court's assessment that these paragraphs did not disclose a reasonable cause of action and, in their current form, constituted an abuse of process. The Court ordered that the appellant pay the respondent's costs of the notice of motion. Existing directions for the filing of further submissions were vacated and replaced with new timelines for the respondent's submissions and the appellant's reply.