Kostov v Zhang; Kostov v Fairfax Media Publications Pty Ltd (No. 3) [2017] NSWDC 89

District Court New South Wales

Medium Neutral Citation: Kostov v Zhang; Kostov v Fairfax Media Publications Pty Ltd (No. 3) [2017] NSWDC 89 Hearing dates: 27 April 2017 Date of orders: 27 April 2017 Decision date: 01 May 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiff's application for adjournment of the notice of motion filed on 21 February 2017 (Exhibit A) in relation to orders (1) and (2) (orders (3) and (4) not being pressed) is refused. (2) The notice of motion filed on 21 February 2017 is dismissed on the basis of my orders of 2 February 2017. (3) The plaintiff's notice of motion filed 31 March 2017 (Exhibit B) is dismissed. (4) Note Judge Gibson to give short reasons later today, to be emailed to the parties, having regard to the time taken by this application. (5) The plaintiff is to pay the defendants' costs. (6) The defendants' applications for a stay in relation to the filing of any further notices of motion and/or the appointment of a tutor are refused, but without prejudice to the defendants' entitlement to bring such an application in the future in the event further notices of motion are filed in this Court. Catchwords: PRACTICE AND PROCEDURE – application to set aside orders under r 36.15 Uniform Civil Procedure Rules 2005 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 – 62 Court Suppression and Non-Publication Orders Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 4.5, 36.15 and 36.16 Cases Cited: Coren v Master Builders Association of New South Wales Pty Ltd [2012] NSWCA 244 Douglas v John Fairfax & Sons Ltd [1983] 3 NSWLW 126 In the matter of Cummins Equipment Hire Pty Limited [2015] NSWSC 2085 Kelly v Mosman Municipal Council [2010] NSWCA 370 Kostov v YPOL Limited [2017] NSWSC 395 Kostov v Zhang; Kostov v Fairfax Media Publications Pty Ltd [2017] NSWDC 7 Kostov v Zhang; Kostov v Fairfax Media Publications Pty Ltd (No. 2) [2017] NSWDC 18 Liu v The Age Company Limited [2016] NSWCA 115 Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274 Michail v Mount Druitt and Area Community Legal Centre Inc [2015] NSWCA 396 Penson v Titan National Pty Ltd (No 5) [2016] NSWCA 405 Piscioneri v Reardon [2015] ACTSC 61 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