Koza Ltd & Anor v Koza Altin Isletmeleri AS

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

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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

  1. 1 Whether costs should be reserved or awarded following dismissal of appeal
  2. 2 Whether costs should be ordered against Mr Ipek alone or jointly and severally with Koza Ltd
  3. 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.