Ghosh v Newton

[2024] FCA 517

FEDERAL COURT OF AUSTRALIA

Ghosh v Newton [2024] FCA 517

File number:	NSD 408 of 2024
Judgment of:	JACKMAN J
Date of judgment:	7 May 2024
Catchwords:	BANKRUPTCY AND INSOLVENCY – interlocutory application seeking permission to enter property – where order sought substantially identical to order previously dismissed by duty judge and no evidence of any change in circumstances – application dismissed
Legislation:	Federal Court Rules 2011 (Cth) rr 4.12, 14.01
Division:	General Division
Registry:	New South Wales
National Practice Area:	Commercial and Corporations
Sub-area:	General and Personal Insolvency
Number of paragraphs:	5
Date of hearing:	7 May 2024
Counsel for the Applicant:	The Applicant appeared in person
Counsel for the Respondent:	Mr C Davis
Solicitor for the Respondent:	Stacks Law Firm

ORDERS

NSD 408 of 2024

BETWEEN:

RATNA GHOSH

Applicant

AND:

SCOTT NEWTON

Respondent

ORDER MADE BY:	JACKMAN J
DATE OF ORDER:	7 MAY 2024

THE COURT ORDERS THAT:

1.Paragraph 7 of the interlocutory application filed by the applicant and dated 6 May 2024 is dismissed.

2.The applicant be referred to the pro bono solicitor panel pursuant to r 4.12(1) of the Federal Court Rules.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
Delivered ex tempore, revised from transcript

JACKMAN J:

1. In this matter, the applicant filed an interlocutory application yesterday seeking a range of orders. Orders 7 and 9 are sought today.

2. Order 7 reads as follows:

   Pursuant to r 14.01(1)(b) of the Federal Court Rules, An order that the Applicant may enter the property at 49 Patricia Ave, Charlestown, New South Wales 2290 multiple times to check what contents have been removed.

3. I am informed by the solicitor for the respondent that this order is substantially identical to order 6 which was sought in an interlocutory application dismissed by Kennett J on 22 April 2024. The applicant has not relied on any evidence filed since 22 April 2024, and there is no evidence before me of any change in circumstances since that date. Accordingly, I dismiss the application for an order of the nature sought in paragraph 7 of the interlocutory application dated 6 May 2024.

4. Order 9 seeks a certificate referring the applicant to the pro bono solicitor panel pursuant to r 4.12(1) of the Federal Court Rules. That order is not opposed. I am prepared to grant the certificate, which will be issued to the respondent as soon as practicable.

5. The applicant does not at this stage move on the balance of the interlocutory application, which I will stand over to the final hearing of the matter on 1 August 2024. I note that under the orders which I have already made today, each party has liberty to apply on three days’ written notice. I reserve the question of costs of today’s interlocutory application to the final hearing of the matter.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Jackman.

Associate:

Dated:       16 May 2024