Ghosh v NineMSN Pty Ltd (No 2) [2016] NSWCA 25

Ghosh v NineMSN Pty Ltd (No 2) [2016] NSWCA 25

No basis was established by Dr Ghosh to reopen, vary, or set aside the appellate judgment as required under the Civil Procedure Act and Uniform Civil Procedure Rules; only a typographical correction was warranted.

Parties
Appellant: Dr Ratna Ghosh; Respondent: NineMSN Pty Ltd; Respondent: NBN Ltd; Respondent: Katie Gregory; Respondent: TCN Channel Nine Pty Ltd; Respondent: Nine Network Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
04 March 2016
Procedural Posture
Notice of Motion to Reopen Appellate Judgment / Post Judgment Application
Outcome
Application dismissed with costs; typographical correction to judgment made
Legal Topics
Variation of Judgments, Application to Reopen Judgment, Costs
Civil Procedure Variation of Judgments Application to Reopen Judgment Costs

Case Brief

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Parties

Dr Ratna Ghosh

Appellant

NineMSN Pty Ltd

Respondent

NBN Ltd

Respondent

Katie Gregory

Respondent

TCN Channel Nine Pty Ltd

Respondent

Nine Network Australia Pty Ltd

Respondent

Procedural Posture

Notice of Motion to Reopen Appellate Judgment / Post Judgment Application

Legal Issues

  1. 1 Whether there are grounds to reopen or vary appellate judgment under the Civil Procedure Act and Uniform Civil Procedure Rules
  2. 2 Whether a stay of execution of costs orders should be granted
  3. 3 Whether an order can be made for former counsel to pay costs

Ratio Decidendi

No basis was established by Dr Ghosh to reopen, vary, or set aside the appellate judgment as required under the Civil Procedure Act and Uniform Civil Procedure Rules; only a typographical correction was warranted.

Court Disposition

Application dismissed with costs; typographical correction to judgment made

Orders

  • Amend [18] of the judgment delivered on 29 October 2015 by replacing '2014/282179' by '2014/63022'
  • Dismiss the notice of motion filed 10 November 2015 with costs