Penson v Titan National Pty Ltd (No 2) [2015] NSWCA 197

Ms Penson's application is dismissed because it seeks to reargue matters already determined by the court and does not establish any deprivation of natural justice; no error or impropriety in the conduct of her counsel on the leave application was found, and the finality principle bars reopening the case under r 36.16.

Jurisdiction: Australia
Judgment Date: 15 July 2015
Procedural Posture: Application to Set Aside or Vary Judgment / Post Judgment, Application to Set Aside or Vary Dismissal of Application for Leave to Appeal
Outcome: Application to set aside or vary the judgment and orders made on 5 June 2015 dismissed with costs.
Legal Topics: ['setting Aside or Varying Judgments' 'leave to Appeal' 'legal Representation' 'natural Justice' 'costs']

['civil Procedure'] ['setting Aside or Varying Judgments' 'leave to Appeal' 'legal Representation' 'natural Justice' 'costs']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application to Set Aside or Vary Judgment / Post Judgment, Application to Set Aside or Vary Dismissal of Application for Leave to Appeal

Legal Issues

1 ['Whether the judgment and orders made on 5 June 2015 should be set aside or varied under UCPR r 36.16' 'Whether the applicant was deprived of natural justice due to alleged inadequate legal representation' 'Whether re-agitation of arguments already considered by the Court is permissible under r 36.16']

Ratio Decidendi

Court Disposition

Application to set aside or vary the judgment and orders made on 5 June 2015 dismissed with costs.

Orders

['Application to set aside or vary the judgment and orders made on 5 June 2015 be dismissed with costs.']