Miller v Ghosh (No.6)

In *Miller v Ghosh (No.6)*, the applicant, Mr. Miller, sought to strike out the respondent's, Ms. Ghosh's, defence and cross-claim in defamation proceedings. The dispute concerned allegations of defamation arising from statements made by Ms. Ghosh concerning Mr. Miller. The application was heard by Judge Manousaridis in the Supreme Court of New South Wales.

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.