Ghosh v Nine Digital Pty Ltd

The applicant, Mr. Ghosh, sought leave to appeal an interlocutory judgment of Rothman J delivered on 28 October 2016, against the respondent, Nine Digital Pty Ltd. The core of the dispute concerned the joinder of parties in defamation proceedings, particularly in the context of continuing internet publications and the application of section 23 of the *Defamation Act 2005* (NSW).

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.