Kostov v YPOL Pty Ltd [2016] NSWSC 827

Kostov v YPOL Pty Ltd [2016] NSWSC 827

Given Ms Kostov's unreasonable conduct regarding the 18 June motion and the lack of agreement between parties, it is just to adjourn the hearing and order Ms Kostov to pay the first and second defendants' costs thrown away on an indemnity basis.

Jurisdiction
Australia
Judgment Date
20 June 2016
Procedural Posture
Civil / Hearing of Motion Adjourned; Procedural Costs Order
Outcome
Motion adjourned; costs order against plaintiff
Legal Topics
['discontinuance of Proceedings' 'costs Thrown Away' 'indemnity Costs' 'adjournment']
['civil Procedure'] ['discontinuance of Proceedings' 'costs Thrown Away' 'indemnity Costs' 'adjournment']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Hearing of Motion Adjourned; Procedural Costs Order

Legal Issues

  1. 1 ['Whether leave to discontinue proceedings should be granted' 'Whether costs should be awarded on an indemnity basis for the adjourned motion']

Ratio Decidendi

Given Ms Kostov's unreasonable conduct regarding the 18 June motion and the lack of agreement between parties, it is just to adjourn the hearing and order Ms Kostov to pay the first and second defendants' costs thrown away on an indemnity basis.

Court Disposition

Motion adjourned; costs order against plaintiff

Orders

  • ['The hearing of the motion adjourned to 7 July 2016.' "Ms Kostov to pay first and second defendants' costs thrown away of today on an indemnity basis."]