Miller v Ghosh (No.4)

In *Miller v Ghosh (No.4)*, the applicant, Mr. Miller, sought to strike out the respondent's, Ms. Ghosh's, defence and counterclaim in proceedings concerning alleged breaches of contract and misleading and deceptive conduct. The dispute arose from a series of agreements and transactions between the parties, with Mr. Miller alleging that Ms. Ghosh had failed to comply with court orders and had engaged in conduct designed to delay the proceedings. The application was heard by Judge Manousaridis in the Supreme Court of New South Wales.

The primary legal issues before the Court were whether Ms. Ghosh's defence and counterclaim should be struck out on the grounds that they had no real prospect of success, or whether the proceedings should be stayed or dismissed due to her alleged failure to comply with court orders and her conduct in the litigation. Specifically, the Court had to consider the principles governing the striking out of pleadings and the inherent jurisdiction of the court to prevent abuse of process.

Judge Manousaridis found that Ms. Ghosh's defence and counterclaim did not have a real prospect of success, particularly in light of her failure to comply with previous court orders and her continued reliance on arguments that had already been rejected. The Court applied the principles established in cases such as *ASIC v Rich* and *Orr v Ford*, which permit the striking out of pleadings where they are demonstrably without merit or where a party has engaged in conduct that amounts to an abuse of process. The Court noted that Ms. Ghosh's conduct had significantly delayed the resolution of the proceedings and that her defence and counterclaim were not capable of raising a triable issue.

Consequently, Judge Manousaridis ordered that Ms. Ghosh's defence and counterclaim be struck out, and that judgment be entered for Mr. Miller on the claims that were the subject of the defence and counterclaim. The Court also made orders regarding the further conduct of the proceedings.