Ghosh v Ninemsn Pty Ltd

The plaintiff, Ms. Ghosh, appealed to the Court of Appeal of New South Wales against the dismissal of her defamation proceedings against Ninemsn Pty Ltd by a primary judge of the District Court. The proceedings had been dismissed for want of due despatch and for being an abuse of process.

The central legal issues before the Court of Appeal were whether the primary judge had erred in dismissing the proceedings under rule 12.7 of the *Uniform Civil Procedure Rules 2005* (NSW) for want of due despatch, and whether the primary judge had erred in finding that the plaintiff's conduct of the litigation constituted an abuse of process.

The Court of Appeal found that the primary judge had not erred. The plaintiff had failed to properly plead her defamation claim and had not adequately responded to requests for particulars. This conduct demonstrated a lack of diligence in prosecuting the proceedings and, when viewed in its entirety, amounted to an abuse of process. The court applied the principles relating to the court's power to dismiss proceedings for want of due despatch and abuse of process, considering the plaintiff's persistent failures to comply with procedural requirements and her inability to articulate a coherent case.

The appeal was dismissed, and the plaintiff was ordered to pay the costs of the appeal.