Miller v Ghosh (No 3)

In this matter before Judge Manousaridis, Mr Miller sought to establish three Local Court judgments against Dr Ghosh. The dispute centred on the proof of these judgments and whether Dr Ghosh remained indebted to Mr Miller. Mr Miller's solicitor, Mr Maher, initially sought to prove the judgments via an affidavit dated 11 May 2016, which annexed registration of certificate of judgment or order acknowledgements. Dr Ghosh objected to this affidavit on grounds of non-service.

The court was required to determine the admissibility and evidentiary weight of the documents presented to prove the Local Court judgments. Specifically, the court needed to ascertain whether the provided certificates of judgment were sufficient evidence to establish Mr Miller as the judgment creditor and that Dr Ghosh remained indebted. Furthermore, the court had to consider the validity of a prior finding that Dr Ghosh had committed an act of bankruptcy by failing to comply with a bankruptcy notice issued on 28 October 2014, which demanded payment of $11,265.01.

Judge Manousaridis admitted the certificates of judgment as exhibit 2, finding them to be what they purported to be, despite being unsealed, unsigned, and lacking interest calculations. The court was satisfied that these documents evidenced Mr Miller as the judgment creditor for the three Local Court judgments entered on 6 August 2014, and that Dr Ghosh remained indebted. The court also confirmed its previous finding that Dr Ghosh had committed an act of bankruptcy on 18 November 2014, due to non-compliance with the bankruptcy notice served by email and post on 28 October 2014. This finding was based on affidavits previously read at a hearing where Dr Ghosh did not appear, and the court determined that setting aside a prior sequestration order did not render those affidavits unread.