Kostov v Nationwide News Pty Ltd (No.1) [2018] NSWSC 1822

Supreme Court New South Wales

Medium Neutral Citation: Kostov v Nationwide News Pty Ltd (No.1) [2018] NSWSC 1822 Hearing dates: 30 October 2018 & 23 November 2018 Date of orders: 30 November 2018 Decision date: 30 November 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) In proceedings 2018/248745:

(a) I dismiss the proceedings pursuant to UCPR r 13.4 although reserving the defendant's rights to pursue the contempt charge referred to in prayers 4 and 5 of the defendant's amended notice of motion filed 19 October 2018.

(b) The plaintiff is to pay the defendant's costs of the proceedings on an indemnity basis.

(c) The remaining aspect of the proceedings (prayers 4 and 5 in the amended notice of motion filed 19 October 2018) is adjourned for mention and directions to 13 December 2018 at 9.30am.

(2) In proceedings 2018/258386:

(a) I dismiss the proceedings pursuant to UCPR r 13.4 against the first and second defendants.

(b) The plaintiff is to pay the first and second defendants costs on an indemnity and gross sum basis assessed in the sum of $20,000.

(3) The plaintiff is restrained from commencing any further proceedings arising out of the publication of the article referred to in paragraph [1] of this judgment unless and until:

(a) The costs ordered to be paid by McCallum J on 20 July 2018 in respect of proceedings 2018/83736 are paid;

(b) The costs payable pursuant to UCPR r 42.20 payable as a result of the judgment of McCallum J on 8 July 2018 in respect of proceedings 2018/87917 are paid;