Kostov v Zhang (No 3) [2018] NSWCA 83

Kostov v Zhang (No 3) [2018] NSWCA 83

The applicant's notice of motion to set aside the October 2016 gross sum costs order and to refer the matter for rehearing was incompetent and without sufficient cause; no irregularity, illegality or bad faith was shown, and the application was an improper attempt to invoke jurisdiction without following proper appellate processes. The motion was dismissed and costs ordered against the applicant.

Jurisdiction
Australia
Judgment Date
26 April 2018
Procedural Posture
Civil / Application to Set Aside or Vary Prior Costs Decision
Outcome
Application dismissed
Legal Topics
['set Aside Judgment' 'costs' 'appellate Procedure']
['civil Procedure'] ['set Aside Judgment' 'costs' 'appellate Procedure']

Case Brief

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Procedural Posture

Civil / Application to Set Aside or Vary Prior Costs Decision

Legal Issues

  1. 1 ['Whether the Court has power to set aside or vary the gross sum costs order under UCPR r 36.15' 'Whether there was sufficient cause to set aside orders on grounds of irregularity, illegality, or lack of good faith' 'Appropriateness of seeking to challenge District Court orders/proceedings via motion in Court of Appeal']

Ratio Decidendi

The applicant's notice of motion to set aside the October 2016 gross sum costs order and to refer the matter for rehearing was incompetent and without sufficient cause; no irregularity, illegality or bad faith was shown, and the application was an improper attempt to invoke jurisdiction without following proper appellate processes. The motion was dismissed and costs ordered against the applicant.

Court Disposition

Application dismissed

Orders

  • ["The applicant's notice of motion dated 12 December 2017 is dismissed." 'The applicant pay the costs of the first, second and third respondents as agreed or assessed.']