Kostov v Zhang (No 3)

The applicant, Mr Kostov, sought to set aside or vary a costs decision made by the primary judge in proceedings against the respondents, Mr Zhang and others. The application was heard by Meagher and Payne JJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the primary judge had erred in their costs decision. Specifically, the court was required to determine if there were grounds to interfere with the discretion exercised by the primary judge in awarding costs.

The Court of Appeal found no error in the primary judge's costs decision, noting that the application did not raise any question of principle. Consequently, the court dismissed the applicant's notice of motion. The applicant was ordered to pay the costs of the first, second, and third respondents, either as agreed or as assessed by the court.