Miller v Ghosh (No.7)

In *Miller v Ghosh (No.7)*, Judge Manousaridis of the Federal Circuit Court of Australia considered an application brought by the bankrupt, Dr Ratna Ghosh. Dr Ghosh sought various orders, including a stay of the sequestration order made against her estate, an order for the trustee to provide a list of provable debts, and an order for disclosure of costs and funding sources related to proceedings involving Mr and Mrs Miller. The application was based on allegations of misconduct by the trustee and assertions of the bankrupt's solvency.

The central legal issues before the Court were whether there was any evidence capable of supporting the factual assertions made by Dr Ghosh in support of her application, and consequently, whether the orders sought should be granted. This involved a review of previous judgments and orders made in the bankruptcy proceeding, including an order that Dr Ghosh was not to file any further applications without leave of the Court.

Judge Manousaridis dismissed Dr Ghosh's application, finding no evidence to support the facts she asserted. The Court noted that Dr Ghosh had previously been granted leave to file applications, but these had been dismissed. Furthermore, a prior order prohibited her from filing further applications without leave. As Dr Ghosh had not obtained such leave for the current application, and in the absence of any evidence substantiating her claims of trustee misconduct or solvency, the Court concluded that the application lacked merit and was therefore dismissed.