FEDERAL CIRCUIT COURT OF AUSTRALIA
| MILLER v GHOSH (No.6) | [2019] FCCA 3682 |
| Catchwords: PRACTICE AND PROCEDURE – Order previously made that respondent is not to file any application in a case in proceeding without prior leave in the proceeding without the leave of the Court – notice given by respondent that she intended to file an application in a case – order made confirming previous order that respondent is not to file any application in a case in proceeding without prior leave in the proceeding without the leave of the Court – order made setting out the manner in which respondent is to apply to the Court for such leave. |
| Cases cited: Miller v Ghosh(No.4) [2018] FCCA 1738 Miller v Ghosh(No.5) [2018] FCCA 3760 |
| Applicant: | RODNEY MILLER |
| Respondent: | RATNA GHOSH |
| File Number: | SYG 235 of 2015 |
| Judgment of: | Judge Manousaridis |
| Hearing date: | 10 December 2019 |
| Date of Last Submission: | 10 December 2019 |
| Delivered at: | Sydney |
| Delivered on: | 10 December 2019 |
REPRESENTATION
| No appearance by or on behalf of the applicant |
| No appearance by or on behalf of the respondent |
ORDERS
The order made by Judge Manousaridis on 3 April 2018 that Dr Ghosh is not to file any further application in this proceeding without first obtaining the leave of the Court is confirmed.
If Dr Ghosh intends to apply for leave to file an application in this proceeding, she must do so my lodging with the registry:
(a)an email or letter containing the following words:
Pursuant to order 4 of the orders made by Judge Manousaridis on 3 April 2018, in proceeding no SYG235/2015, I, Ratna Ghosh, seek leave to file in that proceeding an application in the form of the attached draft application in a case;
(b)a draft of the proposed application in a case Dr Ghosh proposes to seek leave to file; and
(c)an affidavit or affidavits in support of the application for which Dr Ghosh intends to seek leave to file.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT SYDNEY |
SYG 235 of 2015
| RODNEY MILLER |
Applicant
And
| RATNA GHOSH |
Respondent
REASONS FOR JUDGMENT
(Revised from Transcript)
On 3 April 2018, I made a number of orders in proceeding no SYG 235 of 2015. That file number relates to a bankruptcy proceeding that was brought against the respondent, Dr Ratna Ghosh. By 3 April 2018 a sequestration order had been made against the estate of Dr Ghosh, and an appeal to the Federal Court against the making of that sequestration order had been heard and determined adversely to Dr Ghosh.
The orders I made on 3 April 2018 related to an application in the case that Dr Ghosh wished to pursue. The orders that I made on that day consisted of my granting Dr Ghosh leave to file the application in the case in court, make it returnable instanter, and dismiss it. I gave reasons for judgment in support of those orders and these are to be found in Miller v Ghosh(No.4) [2018] FCCA 1738.…
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- AGLC
- Miller v Ghosh (No.6) [2019] FCCA 3682
- Case
- [2019] FCCA 3682
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether Ms. Ghosh's defence and cross-claim should be struck out on the grounds that they were an abuse of process, specifically that they were frivolous, vexatious, or otherwise an abuse of the Court's process. This involved an assessment of whether the defence and cross-claim had any reasonable prospect of success.
Judge Manousaridis reasoned that the defence and cross-claim, as pleaded, lacked sufficient particularity and failed to establish a proper basis for the claims being made. The Court found that the defence, which relied on a defence of justification, was not adequately particularised to support the serious allegations made against Mr. Miller. Similarly, the cross-claim was found to be speculative and lacking in evidentiary support. The Court applied the principles governing the striking out of pleadings, which require a high degree of certainty that the pleading is without merit or constitutes an abuse of process.
The Court ordered that the defence and cross-claim be struck out.
Orders
Orders of the court
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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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