District Court
New South Wales
Medium Neutral Citation: Ghosh v Ninemsn Pty Ltd & Ors [2013] NSWDC 63 Hearing dates: 8 and 17 May 2013 Decision date: 17 May 2013 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiff's application for leave to file the proposed amended statement of claim is refused.
(2) The plaintiff is granted leave to file an amended statement of claim in relation to the following causes of action: (a) The 13 June 2012 publication "Crackdown on party houses"; (b) Any claim for Internet publication of "Crackdown on party houses"; (c) The 13 June 2012 publication "New powers to shut down Gold Coast party houses"; (d) Any claim for Internet publication of "New powers to shut down Gold coast party houses"; (e) The 13 June 2012 publication "Party House"; (f) Any claim for Internet publication of "Party House"; (g) The 5 March 2013 "A Current Affair" broadcast; (h) Any claim for Internet publication of the 5 March 2013 "A Current Affair" broadcast; (i) The 6 March 2013 email from Stayz Pty Ltd; (j) The 22 March 2013 publication "Party houses a big pain on Gold Coast"; (k) Any claim for Internet publication of "Party houses a big pain on Gold Coast"; (l) The 3 May 2013 publication "Party House RIP"; (m) Any Internet publication of "Party House RIP".
(3) The plaintiff is to file and serve an Amended Statement of Claim in 21 days conforming with the requirements of UCPR r 14.30 and [49] of this judgment.
(4) These proceedings transferred to the Sydney Registry Defamation List for case management, with the next return date of 21 June 2013, and a general liberty to restore on three (3) days' notice.
(5) Pre-trial conference date of 24 May 2012 in the Newcastle registry cancelled.
(6) The plaintiff is to pay the costs of the defendants' Notices of Motion, including the costs thrown away by reason of the amendment of the statement of claim, on an indemnity basis.
(7) Defendants' Notices of Motion are stood over to 21 June 2013.
(8) Any Notice of Motion for interlocutory injunctive relief by the plaintiff to be filed and served by 11 June 2013 and to be made returnable for the next directions hearing on 21 June 2013.
Catchwords: TORT - defamation - summary judgment - plaintiff brings numerous claims for defamation between 2009 and 2013 - proceedings previously commenced in Supreme Court of Queensland in 2010 - whether such claims time-barred and an abuse of process - whether leave required under s 23 Defamation Act 2005 - claim for trespass and breach of privacy - whether a common law claim of breach of privacy is available in Australia - claim for criminal defamation - whether aggravated damages claims accusing the defendants of perjury and assault should be struck out as scandalous - whether an order for indemnity costs should be made Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 - 58 and 64
Crimes Act 1900 (NSW), s 529
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- AGLC
- Ghosh v Ninemsn Pty Ltd & Ors [2013] NSWDC 63
- Case
- [2013] NSWDC 63
- Decision Date
CaseChat Overview and Summary
The court found that the plaintiff's application for leave to file the proposed amended statement of claim was refused. However, the plaintiff was granted leave to file an amended statement of claim in relation to specific publications and broadcasts. The court also ordered that the proceedings be transferred to the Sydney Registry Defamation List for case management, with a pre-trial conference and a general liberty to restore on three days' notice. The plaintiff was required to pay the defendants' costs on an indemnity basis and file any Notice of Motion for interlocutory injunctive relief by a specified date.
In conclusion, the court dismissed the plaintiff's application for leave to file the proposed amended statement of claim, but granted leave to file an amended statement of claim in relation to specific causes of action. The court also ordered the transfer of proceedings to the Sydney Registry Defamation List for case management and set a pre-trial conference date. The plaintiff was required to pay the defendants' costs on an indemnity basis and file any Notice of Motion for interlocutory injunctive relief by a specified date.
Orders
Orders of the court
(1) The plaintiff's application for leave to file the proposed amended statement of claim is refused.
(2) The plaintiff is granted leave to file an amended statement of claim in relation to the following causes of action: (a) The 13 June 2012 publication "Crackdown on party houses"; (b) Any claim for Internet publication of "Crackdown on party houses"; (c) The 13 June 2012 publication "New powers to shut down Gold Coast party houses"; (d) Any claim for Internet publication of "New powers to shut down Gold coast party houses"; (e) The 13 June 2012 publication "Party House"; (f) Any claim for Internet publication of "Party House"; (g) The 5 March 2013 "A Current Affair" broadcast; (h) Any claim for Internet publication of the 5 March 2013 "A Current Affair" broadcast; (i) The 6 March 2013 email from Stayz Pty Ltd; (j) The 22 March 2013 publication "Party houses a big pain on Gold Coast"; (k) Any claim for Internet publication of "Party houses a big pain on Gold Coast"; (l) The 3 May 2013 publication "Party House RIP"; (m) Any Internet publication of "Party House RIP".
(3) The plaintiff is to file and serve an Amended Statement of Claim in 21 days conforming with the requirements of UCPR r 14.30 and [49] of this judgment.
(4) These proceedings transferred to the Sydney Registry Defamation List for case management, with the next return date of 21 June 2013, and a general liberty to restore on three (3) days' notice.
(5) Pre-trial conference date of 24 May 2012 in the Newcastle registry cancelled.
(6) The plaintiff is to pay the costs of the defendants' Notices of Motion, including the costs thrown away by reason of the amendment of the statement of claim, on an indemnity basis.
(7) Defendants' Notices of Motion are stood over to 21 June 2013.
(8) Any Notice of Motion for interlocutory injunctive relief by the plaintiff to be filed and served by 11 June 2013 and to be made returnable for the next directions hearing on 21 June 2013.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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