Ghosh v Ninemsn Pty Ltd (No 2)

The plaintiff, Mr. Ghosh, sought to amend his statement of claim against Ninemsn Pty Ltd, NBN Ltd, and Miss Katie Gregory in a defamation matter before the court. Mr. Ghosh originally served a series of amended pleadings between 2009 and 2013, aiming to include 53 defamation claims against eight defendants. The central issue before the court was whether Mr. Ghosh could proceed with claims for 31 publications broadcast outside the limitation period but still accessible online. Additionally, the court had to consider whether the plaintiff's separate defamation proceedings in Queensland constituted an abuse of process. The court also needed to evaluate whether Mr. Ghosh's particulars were adequate regarding identification and publication, as well as manage the complexities of a large, multifaceted defamation claim. The degree of court assistance appropriate for a self-represented litigant was another consideration.

The court dismissed Mr. Ghosh's application for leave to amend his statement of claim regarding 43 publications, but granted him leave to amend the remaining 10 publications in a further draft statement of claim. The court found that the plaintiff's particulars were inadequate and that the application for leave to amend was an abuse of process, given the separate proceedings in Queensland. The court further ruled that the plaintiff had not provided sufficient evidence to support claims for aggravated damages and special damages. The court struck out certain pages of the proposed amended statement of claim as embarrassing and dismissed the plaintiff's interlocutory injunction application. The court ordered the plaintiff to pay the defendants' costs.

The court dismissed proceedings against Stayz Pty Ltd and News Ltd. Additionally, Mr. Ghosh was denied leave to commence proceedings against Justin Butterworth, Fairfax Media, and Gold Coast Publications Pty Ltd. The matter was stood over for further proceedings.