Penson v Titan National Pty Limited [2015] NSWCA 108

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Penson v Titan National Pty Limited [2015] NSWCA 108 Hearing dates: 20 April 2015 Date of orders: 20 April 2015 Decision date: 20 April 2015 Before: JC Campbell AJA Decision: Application for ex parte stay refused Catchwords: APPEAL - application for stay on ex parte basis – relevant considerations – whether appropriate to grant stay in circumstances Legislation Cited: District Court Act 1973 (NSW), s 127 Uniform Civil Procedure Rules 2005 (NSW), rr 18.4, 36.16 Cases Cited: Muldoon v Church of England Children's Homes Burwood [2011] NSWCA 46; 80 NSWLR 282 Category: Procedural and other rulings Parties: Shirley Penson (Applicant) Titan National Pty Limited (First Respondent) Kathryn Wood-Weber (Second Respondent) Representation: Counsel: In person (Applicant) No appearance (First and Second Respondents)

Solicitors: Pure Legal (First and Second Respondents) File Number(s): 2014/373028 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2014] NSWDC 219 Date of Decision: 1 May 2014, 7 May 2014, 1 August 2014 (Balla DCJ); 19 August 2014, 9 October 2014, 21 November 2014 (Gibson DCJ) File Number(s): 2009/337626; 2014/137439; 2014/017976

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]