Kostov v Nationwide News Pty Ltd [2019] NSWCA 84

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kostov v Nationwide News Pty Ltd [2019] NSWCA 84 Hearing dates: 18 April 2019 Decision date: 18 April 2019 Before: Bell P and Leeming JA Decision: Summons seeking leave to appeal filed 13 November 2018 dismissed, with costs. Catchwords: APPEAL – leave to appeal – summary dismissal of defamation proceedings – question of principle arising in obiter passage of reasons of primary judge – no question of principle arising on principal basis of decision – insufficient prospects of challenging orders made by primary judge – leave refused Legislation Cited: Nil Cases Cited: Kostov v Nationwide News Pty Ltd [2018] NSWSC 858 Lesses v Maras [2017] SASCFC 48 Thornton v Telegraph Media Group Ltd [2010] EWHC 1414 (QB); [2011] 1 WLR 1985 Category: Principal judgment Parties: Adriana Kostov (Applicant) Nationwide News Pty Ltd (Respondent) Representation: Counsel: M J Lewis (Respondent)

Solicitors: News Corp Australia (Respondent) File Number(s): 2018/185527 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: [2018] NSWSC 858 Date of Decision: 8 June 2018 Before: McCallum J File Number(s): 2018/87917

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]