Koza Ltd & Anor v Koza Altin Isletmeleri AS

Koza Ltd & Anor v Koza Altin Isletmeleri AS

Koza Altin is entitled to recover its costs of the application on the standard basis, payable by Mr Ipek alone, with no set-off, and a payment on account of £150,000, subject to a stay of execution pending determination of the application for permission to appeal.

Parties
Claimant/respondent: Koza Limited; Claimant/respondent: Hamdi Akin Ipek; Defendant/applicant: Koza Altin Isletmeleri AS
Jurisdiction
England and Wales
Judgment Date
12 May 2020
Procedural Posture
Civil / Post Judgment Consequential Orders
Outcome
Costs order in favour of Koza Altin against Mr Ipek alone; no set-off; payment on account ordered; stay of execution granted.
Legal Topics
Costs Orders, Interlocutory Injunctions, Payment on Account, Costs Set Off, Stay of Execution
Civil Procedure Costs Costs Orders Interlocutory Injunctions Payment on Account Costs Set Off Stay of Execution

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Parties

Koza Limited

Claimant/respondent

Hamdi Akin Ipek

Claimant/respondent

Koza Altin Isletmeleri AS

Defendant/applicant

Procedural Posture

Civil / Post Judgment Consequential Orders

Legal Issues

  1. 1 Appropriate form of costs order following interlocutory injunction
  2. 2 Whether costs should be paid by both claimants or Mr Ipek alone
  3. 3 Whether costs set-off should be permitted

Ratio Decidendi

Koza Altin is entitled to recover its costs of the application on the standard basis, payable by Mr Ipek alone, with no set-off, and a payment on account of £150,000, subject to a stay of execution pending determination of the application for permission to appeal.

Court Disposition

Costs order in favour of Koza Altin against Mr Ipek alone; no set-off; payment on account ordered; stay of execution granted.

Orders

  • Koza Altin to recover its costs on the standard basis, assessed in default of agreement.
  • Costs to be paid by Mr Ipek alone.