Penson v Titan National Pty Ltd (No 2) [2015] NSWCA 403

Penson v Titan National Pty Ltd (No 2) [2015] NSWCA 403

No reasonably arguable ground of error in primary judge's reasoning regarding costs orders against director was advanced; the court's discretion and statutory provisions fully authorised the order.

Parties
Applicant: Shirley Penson; First Respondent: Titan National Pty Ltd; Second Respondent: Kathryn Wood-Weber
Jurisdiction
Australia
Judgment Date
16 December 2015
Procedural Posture
Leave to Appeal / Application for Leave to Appeal From Supreme Court Equity Division Decision
Outcome
Leave to appeal refused
Legal Topics
Costs Orders Against Directors, Gross Sum Costs, Winding Up of Companies, Leave to Appeal, Joint and Several Liability
Civil Procedure Corporate Law Costs Orders Against Directors Gross Sum Costs Winding Up of Companies Leave to Appeal Joint and Several Liability

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Parties

Shirley Penson

Applicant

Titan National Pty Ltd

First Respondent

Kathryn Wood-Weber

Second Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal From Supreme Court Equity Division Decision

Legal Issues

  1. 1 Whether it was proper to make the applicant director jointly and severally liable for company costs
  2. 2 Whether use of authorities by the primary judge was erroneous
  3. 3 Whether the order was inconsistent with Corporations Act 2001 (Cth), s 466(4)

Ratio Decidendi

No reasonably arguable ground of error in primary judge's reasoning regarding costs orders against director was advanced; the court's discretion and statutory provisions fully authorised the order.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal is refused
  • The applicant is to pay the respondents' costs