Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Ghosh v Nine Digital Pty Ltd [2017] NSWCA 90 Hearing dates: 26 April 2017 Date of orders: 26 April 2017 Decision date: 05 May 2017 Before: Basten JA at [1]; Simpson JA at [24] Decision: (1) Refuse the application to adjourn the hearing of the application for leave to appeal from the judgment of Rothman J on 28 October 2016.
(2) Refuse the application for leave to appeal.
(3) Applicant to pay the costs in this Court of the second and third respondents to the application.Catchwords: APPEAL – application for leave to appeal – appeal from interlocutory judgment – issue of principle raised – where a grant of leave would be unduly oppressive to the respondent – leave to appeal refused
APPEAL – application for leave to appeal – appeal from interlocutory judgment – issue of principle raised – where a grant of leave would result in a disproportionate burden on the resources of appellate and trial courts – leave to appeal refused
DEFAMATION – practice and procedure – parties – joinder of parties where leave under s 23 of the Defamation Act 2005 (NSW) applies – interplay between s 23 of the Defamation Act and continuing internet publications – leave to appeal refusedLegislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 58
Defamation Act 1974 (NSW), s 9(3)
Defamation Act 2005 (NSW), s 23
Limitation Act 1969 (NSW), s 14B
Supreme Court Act 1970 (NSW), s 101(2)(e)Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164
Carey v Australian Broadcasting Corporation (2012) 84 NSWLR 90; [2012] NSWCA 176
Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69
Carolan v Fairfax Media Publications Pty Ltd (No 7) [2017] NSWSC 351
Coulter v The Queen (1988) 164 CLR 350; [1988] HCA 3
Ghosh v Miller [2016] NSWSC 1574
Ghosh v NBN Ltd [2014] QCA 53
Ghosh v Ninemsn Pty Ltd [2013] NSWDC 63
Ghosh v NineMSN Pty Ltd [2015] NSWCA 334
Ghosh v TCN Channel Nine Pty Ltd; Ghosh v Ninemsn Pty Ltd (No 4) [2014] NSWDC 151
Hockey v Fairfax Media Publications Pty Ltd (No 2) (2015) 237 FCR 127; [2015] FCA 750
House v The King (1936) 55 CLR 499; [1936] HCA 40
Jaycar Pty Ltd v Lombardo [2011] NSWCA 284
Phillips v Robab Pty Ltd [2014] NSWSC 1520
The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26Texts Cited: New South Wales Law Reform Commission Report on Defamation (1971) LRC No 11 Category: Principal judgment Parties: Dr Ratna Ghosh (Applicant)
Nine Digital Pty Ltd trading as Channel Nine Television (First Respondent)
Nine Digital Pty Ltd (Second Respondent)
Nine Network Australia Pty Ltd (Third Respondent)Representation: Counsel:
Solicitors:
R Higgins (Applicant)
N/A (First Respondent)
L Barnett (Second and Third Respondents)
N/A (Applicant)
N/A (First Respondent)
Mark O’Brien Legal (Second and Third Respondents)
File Number(s):
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- AGLC
- Ghosh v Nine Digital Pty Ltd [2017] NSWCA 90
- Case
- [2017] NSWCA 90
- Decision Date
CaseChat Overview and Summary
The Court of Appeal was required to determine whether to grant leave to appeal from the interlocutory judgment. In considering this, the Court had to assess whether the appeal raised an issue of principle, and if so, whether granting leave would be unduly oppressive to the respondent or result in a disproportionate burden on the resources of the appellate and trial courts.
The Court refused the application for leave to appeal. This refusal was based on the conclusion that the circumstances did not warrant the grant of leave, particularly given the potential for undue oppression and the disproportionate burden on judicial resources. The Court also refused an application to adjourn the hearing of the application for leave to appeal. Consequently, the applicant was ordered to pay the costs in the Court of Appeal of the second and third respondents to the application.
Orders
Orders of the court
(1) Refuse the application to adjourn the hearing of the application for leave to appeal from the judgment of Rothman J on 28 October 2016.
(2) Refuse the application for leave to appeal.
(3) Applicant to pay the costs in this Court of the second and third respondents to the application.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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