Ghosh v Ninemsn Pty Ltd & Ors

The case of Ghosh v Ninemsn Pty Ltd & Ors involves a plaintiff who brought numerous claims for defamation against the defendants between 2009 and 2013. The proceedings were originally commenced in the Supreme Court of Queensland in 2010. The court was required to determine whether the claims were time-barred and constituted an abuse of process, whether leave was required under section 23 of the Defamation Act 2005, and whether a common law claim of breach of privacy was available in Australia. Additionally, the court needed to consider whether aggravated damages claims accusing the defendants of perjury and assault should be struck out as scandalous, and whether an order for indemnity costs should be made.

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.