Kostov v Zhang; Kostov v Fairfax Media Publications Pty Ltd [2017] NSWDC 7

Kostov v Zhang; Kostov v Fairfax Media Publications Pty Ltd [2017] NSWDC 7

Given the plaintiff's failure to comply with procedural requirements, failure to amend defective pleadings, substantial outstanding costs, and abusive conduct, the court ordered security for costs, imposed stays pending payment, struck out the current pleadings, dismissed the application to join a further defendant, and issued further restraining orders.

Jurisdiction
Australia
Judgment Date
02 February 2017
Procedural Posture
Civil / Interlocutory Applications; Procedural and Security for Costs Orders
Outcome
Plaintiff's motions dismissed. Pleadings struck out. Proceedings stayed and conditional on security and costs payment. Further leave to replead withheld pending compliance.
Legal Topics
['stay of Proceedings' 'security for Costs' 'defamation' 'injurious Falsehood' 'striking Out Pleadings' 'misleading or Deceptive Conduct' 'case Management' 'restraining Orders']
['civil Procedure'] ['stay of Proceedings' 'security for Costs' 'defamation' 'injurious Falsehood' 'striking Out Pleadings' 'misleading or Deceptive Conduct' 'case Management' 'restraining Orders']

Case Brief

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Procedural Posture

Civil / Interlocutory Applications; Procedural and Security for Costs Orders

Legal Issues

  1. 1 ['Whether the pleadings should be struck out or amended due to failure to comply with procedural rules' 'Whether the plaintiff should be ordered to provide security for costs' 'Whether proceedings should be stayed pending payment of outstanding costs' 'Whether further restraining orders should be issued in respect of contact with defendants' 'Whether claims under Australian Consumer Law could be maintained against Fairfax' 'Whether injurious falsehood was properly pleaded']

Ratio Decidendi

Given the plaintiff's failure to comply with procedural requirements, failure to amend defective pleadings, substantial outstanding costs, and abusive conduct, the court ordered security for costs, imposed stays pending payment, struck out the current pleadings, dismissed the application to join a further defendant, and issued further restraining orders.

Court Disposition

Plaintiff's motions dismissed. Pleadings struck out. Proceedings stayed and conditional on security and costs payment. Further leave to replead withheld pending compliance.

Orders

  • ["Plaintiff's notice of motion filed 9 November 2016 and application to join Easy Forex Trading Limited dismissed." 'Proceedings 2016/51926 and 2016/86450 consolidated.' 'Amended Statements of Claim in both proceedings struck out.' 'Plaintiff not to file further Statement of Claim until further order, and not to...