Ghosh v Miller (No 3)

The case of Ghosh v Miller (No 3) involved a dispute between two parties, Ghosh and Miller, in which Ghosh sought to set aside and stay judgments against him. The case was heard in the Supreme Court of Victoria. The central issue before the court was whether the notice of motion filed by Ghosh was sufficient to justify setting aside and staying the judgments.

The court was required to determine if the notice of motion met the criteria for setting aside and staying judgments. This included examining whether the notice of motion provided a prima facie case for relief, whether the applicant had acted promptly, and whether the court had any discretion to grant the relief sought. The court found that Ghosh had not provided a sufficient basis for setting aside and staying the judgments. It was held that the notice of motion did not demonstrate a reasonable prospect of success on the merits, and that Ghosh had not acted with due diligence. As a result, the court dismissed the motion.

In conclusion, the court held that the notice of motion filed by Ghosh did not meet the necessary criteria to justify setting aside and staying the judgments against him. The court dismissed the motion and no orders were made in favour of Ghosh. The judgments against Ghosh remained in place, and the legal dispute between the parties continued.