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

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Penson v Titan National Pty Ltd (No 2) [2015] NSWCA 403 Hearing dates: 3 December 2015 Decision date: 16 December 2015 Before: Meagher JA; Gleeson JA; Simpson JA Decision: (1) Leave to appeal is refused;

(2) The applicant is to pay the respondents' costs. Catchwords: SUMMONS - leave to appeal - asserted error in use of authorities by primary judge - costs ordered against director personally - no error disclosed - summons dismissed - whether primary judge erroneously had regard to conduct of related District Court proceedings - no error disclosed - summons dismissed - whether inconsistency between order for costs against director personally and Corporations Act 2001 (Cth), s 466 - section authorises "otherwise" order - no reasonably arguable ground brought by applicant - leave to appeal refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 19(2), 98(4)(c) Corporations Act 2001 (Cth), s 466(4) Uniform Civil Procedure Rules 2005 (NSW) rr 7.1, 7.2, 51.2, 51.6 Cases Cited: FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340 In the matter of Aquaqueen International Pty Ltd [2015] NSWSC 500 In the matter of Aquaqueen International Pty Ltd [2015] NSWSC 739 Knight v FP Special Assets Ltd [1992] HCA 28; 174 CLR 178 May v Christodoulou [2011] NSWCA 75; 80 NSWLR 462 Category: Principal judgment Parties: Shirley Penson (Applicant) Titan National Pty Ltd (First Respondent) Kathryn Wood-Weber (Second Respondent) Representation: Counsel: P J Beazley (Applicant) P M Barham (Respondents)