Ghosh v TCN Channel Nine Pty Ltd & Ors (No. 2); Ghosh v Ninemsn Pty Ltd & Ors (No. 5) [2014] NSWDC 215

Ghosh v TCN Channel Nine Pty Ltd & Ors (No. 2); Ghosh v Ninemsn Pty Ltd & Ors (No. 5) [2014] NSWDC 215

The plaintiff did not establish the judgment was obtained irregularly, illegally, or against good faith under UCPR r 36.15. Alleged incompetence of legal representatives is not a ground for setting aside the judgment, and judicial error, if any, is to be remedied by appeal. Unsupported and scandalous allegations in affidavits justified the suppression order.

Parties
Plaintiff: Ratna Ghosh; First Defendant: TCN Channel Nine Pty Ltd; Second Defendant: Nine Network Australia Ltd; Third Defendant: Ninemsn Pty Ltd (ACN 077 753 461); Fourth Defendant: NBN Limited (ACN 000 232 486); Fifth Defendant: Katie Gregory
Jurisdiction
Australia
Judgment Date
31 October 2014
Procedural Posture
Civil / Post Judgment Application to Set Aside Judgment and for Summary Judgment; Hearing of Notices of Motion
Outcome
Plaintiff's notice of motion dismissed. Suppression order made. Plaintiff to pay defendants' costs of the motion on an indemnity basis.
Legal Topics
Setting Aside Judgment, Summary Judgment, Suppression Orders, Costs, Defamation
Civil Procedure Setting Aside Judgment Summary Judgment Suppression Orders Costs Defamation

Case Brief

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Parties

Ratna Ghosh

Plaintiff

TCN Channel Nine Pty Ltd

First Defendant

Nine Network Australia Ltd

Second Defendant

Ninemsn Pty Ltd (ACN 077 753 461)

Third Defendant

NBN Limited (ACN 000 232 486)

Fourth Defendant

Katie Gregory

Fifth Defendant

Procedural Posture

Civil / Post Judgment Application to Set Aside Judgment and for Summary Judgment; Hearing of Notices of Motion

Legal Issues

  1. 1 Whether the District Court's previous judgment should be set aside under UCPR r 36.15 for irregularity, illegality, or want of good faith
  2. 2 Whether summary judgment should be granted for the plaintiff
  3. 3 Whether a suppression order is warranted regarding plaintiff's affidavits

Ratio Decidendi

The plaintiff did not establish the judgment was obtained irregularly, illegally, or against good faith under UCPR r 36.15. Alleged incompetence of legal representatives is not a ground for setting aside the judgment, and judicial error, if any, is to be remedied by appeal. Unsupported and scandalous allegations in affidavits justified the suppression order.

Court Disposition

Plaintiff's notice of motion dismissed. Suppression order made. Plaintiff to pay defendants' costs of the motion on an indemnity basis.

Orders

  • An order pursuant to s 8(1)(e) Court Suppression and Non-Publication Orders Act 2010 (NSW) restricting publication of the contents of the affidavits which are Exhibit A, which affidavits are to be placed in a sealed envelope until further order.
  • Plaintiff's notice of motion dismissed.