Penson v Titan National Pty Ltd (No 5) [2015] NSWCA 405

Penson v Titan National Pty Ltd (No 5) [2015] NSWCA 405

All applications and notices of motion were filed out of time without applications for extension; no arguable grounds for judicial review or leave to appeal were presented; the proposed challenges lacked merit, and all proceedings should be dismissed with costs to respondents.

Jurisdiction
Australia
Judgment Date
16 December 2015
Procedural Posture
Appeal and Judicial Review / Final Judgment
Outcome
all applications dismissed
Legal Topics
['judicial Review' 'leave to Appeal' 'costs Orders']
['civil Procedure'] ['judicial Review' 'leave to Appeal' 'costs Orders']

Case Brief

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Procedural Posture

Appeal and Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether leave to appeal against interlocutory costs orders should be granted' 'Whether application for judicial review under Supreme Court Act 1970 (NSW), s 69 should be allowed' 'Whether applications and notice of motion are out of time under relevant rules' 'Whether there are arguable grounds for appeal or judicial review']

Ratio Decidendi

All applications and notices of motion were filed out of time without applications for extension; no arguable grounds for judicial review or leave to appeal were presented; the proposed challenges lacked merit, and all proceedings should be dismissed with costs to respondents.

Court Disposition

all applications dismissed

Orders

  • ['The summons and further amended summons seeking leave to appeal are dismissed.' 'The summons seeking judicial review under s 69 of the Supreme Court Act 1970 (NSW) is dismissed.' 'Notice of Motion filed on 27 November 2015 is dismissed.' "Applicant to pay respondents' costs in each case."]