Kostov v Zhang (No 2)

Case

[2016] NSWCA 279

14 October 2016


Details
AGLC Case Decision Date
Kostov v Zhang (No 2) [2016] NSWCA 279 [2016] NSWCA 279 14 October 2016

CaseChat Overview and Summary

This matter concerned an application by Ms Kostov for leave to appeal an interlocutory decision. The respondents were Mr Zhang and others. The application was heard by Meagher and Payne JJA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether to grant Ms Kostov leave to appeal an interlocutory decision. This determination would necessarily involve considering the merits of the proposed appeal and whether it met the threshold for granting leave.

The Court of Appeal, exercising its discretion pursuant to section 98 of the *Civil Procedure Act 2005* (NSW), dismissed Ms Kostov's summons for leave to appeal. The Court ordered that Ms Kostov pay the first and third respondents' costs of the summons in the lump sum of $15,000.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

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Cases Citing This Decision

34

Kostov v Zhang (No 3) [2018] NSWCA 83
Sweeten v Haggerty (No 2) [2025] NSWSC 897
Cases Cited

10

Statutory Material Cited

2

Rinehart v Welker [2012] NSWCA 1