Penson v Titan National Pty Ltd [2015] NSWCA 404

Penson v Titan National Pty Ltd [2015] NSWCA 404

Section 69 of the Supreme Court Act 1970 (NSW) does not confer power to review judicial decisions of the Supreme Court or Court of Appeal; therefore, the Summons and Amended Summons seeking such review are dismissed.

Parties
Applicant: Shirley Penson; First Respondent: Titan National Pty Ltd; Second Respondent: Kathryn Wood-Weber; Third Respondent: Supreme Court of New South Wales
Jurisdiction
Australia
Judgment Date
16 December 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Summons and Amended Summons dismissed with costs.
Legal Topics
Judicial Review, Natural Justice, Procedural Fairness
Administrative Law Judicial Review Natural Justice Procedural Fairness

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Parties

Shirley Penson

Applicant

Titan National Pty Ltd

First Respondent

Kathryn Wood-Weber

Second Respondent

Supreme Court of New South Wales

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether s 69 of the Supreme Court Act 1970 (NSW) permits judicial review of decisions of the Court of Appeal
  2. 2 Whether the decisions sought to be reviewed are amenable to review under s 69
  3. 3 Whether the decisions are judicial or administrative in nature

Ratio Decidendi

Section 69 of the Supreme Court Act 1970 (NSW) does not confer power to review judicial decisions of the Supreme Court or Court of Appeal; therefore, the Summons and Amended Summons seeking such review are dismissed.

Court Disposition

Summons and Amended Summons dismissed with costs.

Orders

  • The Summons and Amended Summons are dismissed with costs.