Ghosh v Ninemsn Pty Limited

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Ghosh v Ninemsn Pty Limited [2014] NSWCA 121

Hearing dates:

31 March 2014

Decision date:

31 March 2014

Before:

Beazley P

Decision:

(1) Dismiss the notice of motion filed 3 February 2014;

(2) Order the appellant, Dr Ratna Ghosh, pay the respondents' costs of the appearance on the notice of motion;

(3) Direct the respondents to file and serve their notices of appearance by 4 pm, Monday 14 April 2014.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

PROCEDURE - costs - dismissal of proceedings

PROCEDURE - appearance in absence of formal service - active participation in directions hearings - notice of appearance required - Uniform Civil Procedure Rules, r 6.1

Legislation Cited:

Uniform Civil Procedure Rules 2005

Category:

Principal judgment

Parties:

Dr Ratna Ghosh (Appellant)
Ninemsn Pty Limited (First Respondent)
NBN Limited (Second Respondent)
Katie Gregory (Third Respondent)
Justin Butterworth (Fourth Respondent)
Fairfax Media (Fifth Respondent)
Stayz Pty Limited (Sixth Respondent)
Gold Coast Publications (Seventh Respondent)
News Limited (Eighth Respondent)

Representation:

Counsel:
In person (Appellant)
L Barnett (Respondents)
Solicitors:
N/A

File Number(s):

CA 2013/282150

 Decision under appeal 

Jurisdiction:

9101

Citation:

Ghosh v Ninemsn Pty Ltd & Ors (No 2) [2013] NSWDC 145

Date of Decision:

2013-08-20 00:00:00

Before:

Gibson DCJ

File Number(s):

2013/88183

Judgment

1. HER HONOUR: In this matter, I have been informed by Dr Ratna Ghosh, who has appeared for herself in the absence of her counsel being available, that she wishes to withdraw the notice of motion which was filed on 3 February 2014 and which, as it presently stands before the Court, would appear to seek orders for referral to a barrister for legal assistance under the Uniform Civil Procedure Rules 2005 (UCPR), Pt 7, r 7.36(1) and for a stay of the costs orders in a judgment in the District Court, being judgment [2013] NSWDC 145 and a further judgment in the District Court in the matter, as well as for costs of the notice of motion.

1. As Dr Ghosh does not wish to proceed with the notice of motion, it is appropriate that the notice of motion be dismissed.

1. The respondents seek an order for costs of their appearance on the notice of motion today. That was opposed on the ground that the respondents contended that they had never been formally served with the notice of motion, and that whilst they had been notified of the notice of motion, the documents with which they have been served have been unfiled documents. Dr Ghosh explained that she had deposited the copies of the filed documents with counsel whom she had briefed in…