Ghosh v Ninemsn Pty Limited [2014] NSWCA 121

Ghosh v Ninemsn Pty Limited [2014] NSWCA 121

As Dr Ghosh did not wish to proceed with the notice of motion, dismissal was appropriate. Although formal service was challenged, respondents had effective notice and appeared, justifying a costs order against Dr Ghosh. Respondents' failure to file notices of appearance required a court direction to regularise procedure.

Jurisdiction
Australia
Judgment Date
31 March 2014
Procedural Posture
Notice of Motion in Appeal Proceeding / Interlocutory Application Hearing and Determination of Notice of Motion
Outcome
Notice of motion dismissed. Costs awarded to the respondents. Direction to file notices of appearance.
Legal Topics
['costs' 'service of Process' 'notices of Appearance']
['civil Procedure'] ['costs' 'service of Process' 'notices of Appearance']

Case Brief

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Procedural Posture

Notice of Motion in Appeal Proceeding / Interlocutory Application Hearing and Determination of Notice of Motion

Legal Issues

  1. 1 ['Whether notice of motion should be dismissed upon withdrawal by the moving party' 'Whether respondents are entitled to costs where service is disputed but appearance and participation have occurred' 'Whether failure to file notices of appearance should be addressed by court order']

Ratio Decidendi

As Dr Ghosh did not wish to proceed with the notice of motion, dismissal was appropriate. Although formal service was challenged, respondents had effective notice and appeared, justifying a costs order against Dr Ghosh. Respondents' failure to file notices of appearance required a court direction to regularise procedure.

Court Disposition

Notice of motion dismissed. Costs awarded to the respondents. Direction to file notices of appearance.

Orders

  • ['Dismiss the notice of motion filed 3 February 2014' "Order the appellant, Dr Ratna Ghosh, pay the respondents' costs of the appearance on the notice of motion" 'Direct the respondents to file and serve their notices of appearance by 4 pm, Monday 14 April 2014']