Kostov v Nationwide News Pty Ltd (No.2) [2019] NSWSC 251

Kostov v Nationwide News Pty Ltd (No.2) [2019] NSWSC 251

Given the justified commencement of contempt proceedings due to repeated breaches, but considering developments including the Court of Appeal judgment addressing the plaintiff's fitness to plead and further restraining orders, it is appropriate no costs order be made, so each party bears their own costs.

Parties
Plaintiff: Adriana Kostov; First Defendant: Nationwide News Pty Ltd
Jurisdiction
Australia
Judgment Date
13 March 2019
Procedural Posture
Procedural and Other Rulings / Costs Ruling Following Dismissal of Contempt Charge
Outcome
Remainder of the defendant's amended notice of motion and the Amended Statement of Charge dismissed. No order as to costs.
Legal Topics
Costs, Contempt of Court, Vexatious Proceedings
Civil Procedure Costs Contempt of Court Vexatious Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Adriana Kostov

Plaintiff

Nationwide News Pty Ltd

First Defendant

Procedural Posture

Procedural and Other Rulings / Costs Ruling Following Dismissal of Contempt Charge

Legal Issues

  1. 1 Whether costs should be ordered following the dismissal of contempt charges
  2. 2 Whether the contempt charge was justified and the appropriate disposition of costs

Ratio Decidendi

Given the justified commencement of contempt proceedings due to repeated breaches, but considering developments including the Court of Appeal judgment addressing the plaintiff's fitness to plead and further restraining orders, it is appropriate no costs order be made, so each party bears their own costs.

Court Disposition

Remainder of the defendant's amended notice of motion and the Amended Statement of Charge dismissed. No order as to costs.

Orders

  • Dismiss the remainder of the defendant's amended notice of motion filed 19 October 2018 and the Amended Statement of Charge filed 24 October 2018.
  • No order as to costs in respect of the remainder of the amended notice of motion, to the intent that each of the parties bears her and its own costs.