Koza Ltd & Anor v Koza Altin Isletmeleri AS [2020] EWCA Civ 1263 (09 October 2020)

Koza Ltd & Anor v Koza Altin Isletmeleri AS [2020] EWCA Civ 1263 (09 October 2020)

Koza Altin, as the successful party, is entitled to the costs of the appeal against Mr Ipek alone, not jointly with Koza Ltd, as Koza Ltd was the object of the application and it would be inconsistent and unfair to make it liable. No set-off is appropriate. Payment on account is set at £150,000. Assessment of costs is not to be forthwith but after conclusion of proceedings.

Citation
[2020] EWCA Civ 1263
Parties
Claimant/appellant: Koza Limited; Claimant/appellant: Hamdi Akin Ipek; Defendant/respondent: Koza Altin Isletmeleri AS
Jurisdiction
England and Wales
Judgment Date
09 October 2020
Procedural Posture
Civil Appeal / Post Judgment (costs Order Following Dismissal of Appeal)
Outcome
Appeal dismissed; costs order made against Mr Ipek alone.
Legal Topics
Costs Orders, Interlocutory Injunctions, Appeals, Company Control
Civil Procedure Company Law Costs Orders Interlocutory Injunctions Appeals Company Control

Case Brief

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Parties

Koza Limited

Claimant/appellant

Hamdi Akin Ipek

Claimant/appellant

Koza Altin Isletmeleri AS

Defendant/respondent

Procedural Posture

Civil Appeal / Post Judgment (costs Order Following Dismissal of Appeal)

Legal Issues

  1. 1 Whether costs of the appeal should be awarded against Mr Ipek alone or jointly with Koza Ltd
  2. 2 Whether costs should be reserved or reduced due to overlap in proceedings
  3. 3 Whether set-off of previous costs order is appropriate

Ratio Decidendi

Koza Altin, as the successful party, is entitled to the costs of the appeal against Mr Ipek alone, not jointly with Koza Ltd, as Koza Ltd was the object of the application and it would be inconsistent and unfair to make it liable. No set-off is appropriate. Payment on account is set at £150,000. Assessment of costs is not to be forthwith but after conclusion of proceedings.

Court Disposition

Appeal dismissed; costs order made against Mr Ipek alone.

Orders

  • Mr Ipek to pay the costs of the appeal, to be assessed if not agreed.
  • Mr Ipek to make a payment on account of costs in the sum of £150,000 within 14 days.