MICHAEL WILSON & PARTNERS, LIMITED v. (1) CJSC KAZSUBTON, (2) KAZPHOSPHATE LLP, (3) KAZPHOSPHATE LIMITED

The Court refused the Claimant permission to appeal, finding the application fundamentally flawed, filed by the wrong party, and lacking any real prospects of success. Although the general rule is that respondents do not recover costs in such applications, the Court departed from it due to the defective and misleading nature of the Claimant’s submissions and the need for the Second Defendant to respond substantively. As a result, the Claimant was ordered to pay KZT 1,250,000 in costs. Download PDF