Ghosh v Miller (No 3) [2016] NSWSC 1568

Ghosh v Miller (No 3) [2016] NSWSC 1568

The plaintiff's bankruptcy vested her interests in the Trustee, precluding pursuit of the motion; no evidence supported allegations regarding legal aid or court misrepresentation; the judgments were valid and cannot be set aside or stayed on grounds advanced; process is not an alternative to appeal.

Jurisdiction
Australia
Judgment Date
07 November 2016
Procedural Posture
Notice of Motion / Motion Hearing; Dismissal
Outcome
Motion dismissed.
Legal Topics
['setting Aside Judgments' 'staying Judgments' 'costs Orders' 'bankruptcy and Standing' 'legal Aid Notification']
['civil Procedure'] ['setting Aside Judgments' 'staying Judgments' 'costs Orders' 'bankruptcy and Standing' 'legal Aid Notification']

Case Brief

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Procedural Posture

Notice of Motion / Motion Hearing; Dismissal

Legal Issues

  1. 1 ['Whether judgments given by Fullerton J and Fagan J should be set aside or stayed under Rule 36.16 of the Uniform Civil Procedure Rules 2005 (NSW)' 'Whether the plaintiff had standing to pursue the motion due to bankruptcy' 'Whether Mr Miller failed to comply with s 34(4) of the Legal Aid Commission Act 1979 (NSW)' 'Whether Mr Miller or his representatives misled the Court regarding legal aid and costs']

Ratio Decidendi

The plaintiff's bankruptcy vested her interests in the Trustee, precluding pursuit of the motion; no evidence supported allegations regarding legal aid or court misrepresentation; the judgments were valid and cannot be set aside or stayed on grounds advanced; process is not an alternative to appeal.

Court Disposition

Motion dismissed.

Orders

  • ['Motion dismissed.' 'Parties to be heard on foreshadowed gross costs order application.']