Kostov v YPOL Pty Ltd [2018] NSWCA 306

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kostov v YPOL Pty Ltd [2018] NSWCA 306 Hearing dates: 23 October 2018 Decision date: 12 December 2018 Before: Beazley P; Meagher JA; Simpson AJA Decision: 1. Pursuant to Civil Procedure Act 2005 (NSW), s 14, dispense with Uniform Civil Procedure Rules 2005 (NSW), r 7.14 in relation to the commencement and carrying on of the notice of appeal filed on 9 February 2018. 2. Extend the time for the filing of that appeal to 9 February 2018 and allow the appeal in part. 3. Set aside orders 1 to 4 made by Fagan J on 27 March 2017 and orders 1 to 3 made by Fagan J on 22 August 2017. 4. Direct that the respondent's notice of motion filed on 27 January 2017, unless withdrawn by the respondent, be listed before a Judge of the Common Law Division in February 2019 for directions and hearing. 5. Otherwise dismiss the appeal. 6. Dismiss the summons for leave to appeal. 7. Make no order as to the costs of the appeal and application for leave to appeal. 8. Direct the appellant to provide to the Court by 5 pm on 17 December 2018 a list of the paragraphs in any judgment in proceedings 2016/257819 that identify either or both of the two persons in relation to whom a non-publication order is sought. 9. If no such list is provided in accordance with that direction, the order made on 26 February 2018 by Payne JA will be vacated without further order on 18 December 2018. Catchwords: APPEALS – appeal by way of rehearing – further evidence – psychiatric reports before primary judge at hearing for sentence but not conviction – special grounds in probative value and extraordinary circumstances of appellant