Kostov v Nationwide News Pty Ltd (No.2) [2019] NSWSC 251

Supreme Court New South Wales

Medium Neutral Citation: Kostov v Nationwide News Pty Ltd (No.2) [2019] NSWSC 251 Hearing dates: 30 October 2018, 23 November 2018 and 2 February 2019 Date of orders: 13 March 2019 Decision date: 13 March 2019 Jurisdiction: Common Law Before: Davies J Decision: (1) Dismiss the remainder of the defendant's amended notice of motion filed 19 October 2018 and the Amended Statement of Charge filed 24 October 2018.

(2) No order as to costs in respect of the remainder of the amended notice of motion, to the intent that each of the parties bears her and its own costs. Catchwords: COSTS – dismissal of contempt charges – where the party bringing the charges sought leave to have them dismissed – commencement of contempt charges entirely justified – charge abandoned after the publication of a related Court of Appeal judgment and further orders made restraining the subject of the charge - where the defendant acted reasonably in withdrawing contempt charge – where plaintiff had disobeyed court order on a large number of occasions - no costs order made to the intent that each party bear its own cost Legislation Cited: Nil Cases Cited: Kostov v Nationwide News Pty Ltd (No 1) [2018] NSWSC 1822 Kostov v YPOL Pty Ltd [2017] NSWSC 1071 Kostov v YPOL Pty Ltd [2018] NSWCA 306 ZXC v YPOL Pty Ltd [2018] NSWCA 306 Category: Procedural and other rulings Parties: Adriana Kostov (Plaintiff) Nationwide News Pty Ltd (First Defendant) Representation: Counsel: P Lonergan (adjournment application only otherwise Plaintiff in person and by submissions) M Lewis (First Defendant)