Koza Ltd & Anor v Koza Altin Isletmeleri AS
Koza Altin, as the successful party, is entitled to full costs of the appeal against Mr Ipek alone, with no set-off, payment on account of £150,000, and assessment not forthwith.
- 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 Appeal Costs Determination
- Outcome
- Costs order made against Mr Ipek alone; appeal dismissed.
- Legal Topics
- Costs Orders, Interlocutory Injunctions, Appeals, Payment on Account, Set Off
Case Brief
Summary, issues, holding and outcome
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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 Appeal Costs Determination
Legal Issues
- 1 Whether costs should be reserved or awarded following dismissal of appeal
- 2 Whether costs should be ordered against Mr Ipek alone or jointly and severally with Koza Ltd
- 3 Whether there should be a set-off against a previous costs order
Ratio Decidendi
Koza Altin, as the successful party, is entitled to full costs of the appeal against Mr Ipek alone, with no set-off, payment on account of £150,000, and assessment not forthwith.
Court Disposition
Costs order made against Mr Ipek alone; appeal dismissed.
Orders
- Mr Ipek to pay costs of the appeal, to be assessed if not agreed.
- Payment on account of costs in the sum of £150,000 within 14 days.
Full Case Text
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