Kostov v Nationwide News Pty Ltd

The applicant, Mr Kostov, sought leave to appeal against the summary dismissal of defamation proceedings he had commenced against Nationwide News Pty Ltd. The appeal concerned an obiter passage within the primary judge's reasons, rather than the principal basis of the decision.

The central legal issue before the Court of Appeal was whether there were sufficient prospects of success in challenging the primary judge's orders to warrant granting leave to appeal. This involved considering whether a question of principle had arisen from the obiter remarks that justified appellate intervention, or if the appeal was solely directed at the substantive dismissal of the defamation proceedings.

The Court of Appeal determined that no question of principle arose from the obiter passage that was the subject of the proposed appeal. Furthermore, the Court found that there were insufficient prospects of successfully challenging the orders made by the primary judge. Consequently, the summons seeking leave to appeal was dismissed, with costs awarded to the respondent.