Ghosh v NineMSN Pty Ltd

In proceeding 2013/282150, the applicant, Ghosh, sought leave to appeal interlocutory orders made in proceedings against NineMSN Pty Ltd and others. The summons seeking leave to appeal was filed out of time, and the respondents applied to dismiss the summons. In proceeding 2013/330096, a similar application was made concerning a summons seeking leave to appeal, which was also filed out of time.

The primary legal issue before Meagher JA was whether it was in the interests of justice to grant an extension of time for the filing of the summonses seeking leave to appeal. This required the court to consider the prospects of success of the proposed appeals.

Meagher JA reasoned that the proposed appeals had no real prospects of success. Consequently, the court determined that it was not in the interests of justice to extend the time for filing the summonses. Accordingly, the applications for leave to appeal were dismissed. The applicant was ordered to pay the costs of the respondents in both proceedings.