Ghosh v NineMSN Pty Ltd (No 2)

In *Ghosh v NineMSN Pty Ltd (No 2)*, the New South Wales Court of Appeal considered an application to reopen a judgment previously delivered by the Court. The applicant, Mr Ghosh, sought to vary the reasons and orders of the Court.

The primary legal issue before the Court was whether there was any basis to reopen the judgment and grant the relief sought by Mr Ghosh. This involved an assessment of whether the Court had the power to vary its own orders and, if so, whether the circumstances presented by the applicant warranted the exercise of such power.

The Court determined that there was no basis to reopen the judgment. It applied the principle that a court generally becomes functus officio once it has delivered its judgment and reasons, and cannot alter them except in limited circumstances, such as to correct a clerical error or to give effect to the intention of the court. The Court found that the application did not fall within any of these exceptions.

Consequently, the Court ordered that paragraph [18] of the judgment delivered on 29 October 2015 be amended by replacing "2014/282179" with "2014/63022". The Court also dismissed the notice of motion filed on 10 November 2015, with costs.