Kostov v Zhang; Kostov v Fairfax Media Publications Pty Ltd (No. 2) [2017] NSWDC 18

District Court New South Wales

Medium Neutral Citation: Kostov v Zhang; Kostov v Fairfax Media Publications Pty Ltd (No. 2) [2017] NSWDC 18 Hearing dates: 16 February 2017 Date of orders: 16 February 2017 Decision date: 16 February 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiff's notice of motion filed 2 February 2017 dismissed. (2) Plaintiff is to pay the defendants' costs of the notice of motion, including the costs of preparation and appearances today in relation to both matters, on an indemnity basis. (3) The plaintiff's oral application for any judgment to be "suppressed' (i.e. not published on CaseLaw) is refused. Catchwords: PRACTICE AND PROCEDURE – plaintiff leaves court during hearing – application under UCPR r 36.15(1) to set aside orders as against good faith and under r 36.16(2)(b) and (3) on the basis that she was not physically present in court – application for suppression of judgments under Court Suppression and Non-Publication Orders Act 2010 (NSW) - application dismissed – order for costs to be paid on an indemnity basis – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Court Suppression and Non-Publication Orders Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 36.15 and 36.16 Cases Cited: Aquaqueen International Pty Ltd v Weber [2014] NSWCA 101 Coren v Master Builders Association of New South Wales Pty Ltd [2012] NSWCA 244 John Fairfax Publications Pty Ltd v District Court of New South Wales (2004) 61 NSWLR 344 Jones v Trad (No 2) [2013] NSWCA 415 Kendell v Carnegie (2006) 68 NSWLR 193 Kostov v Zhang; Kostov v Fairfax Media Publications Pty Ltd [2017] NSWDC 7 Kostov v YPOL Pty Ltd [2016] NSWSC 961 Kostov v YPOL Pty Ltd (Supreme Court of New South Wales, Rothman J, 25 August 2016, unreported) Kostov v YPOL Pty Ltd [2017] NSWSC 39 Northey v Bega Shire Valley Council [2012] NSWCA 28 Raybos Australia Pty Ltd v Jones (1985) 2 NSWLR 47 Rinehart v Welker [2011] NSWCA 425 Rinehart v Welker [2012] NSWCA 1 Weber v Aquaqueen International Pty Ltd [2013] NSWSC 1181 Category: Procedural and other rulings Parties: In proceedings 2016/51926: Plaintiff: Adriana Kostov First Defendant: Fan Fan Zhang Second Defendant: Fairfax Media Publications Pty Ltd Third Defendant: EasyMarkets Pty Ltd