NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Penson v Titan National Pty Ltd (No 5) [2015] NSWCA 405 Hearing dates: 3 December 2015 Decision date: 16 December 2015 Before: Meagher JA; Gleeson JA; Simpson JA Decision: (1) The Summons and Further Amended Summons seeking leave to appeal against the orders of the District Court of 1 May 2014, 7 May 2014, 1 August 2014, 8 August 2014, 19 August 2014, 9 October 2014 and 21 November 2014 filed in proceedings No 2014/373028 are dismissed.
(2) The Summons filed on 7 August 2015 under s 69 of the Supreme Court Act 1970 (NSW) in proceedings No 2015/231328 seeking judicial review of the orders of the District Court of 1 May 2014, 7 May 2014, 1 August 2014, 8 August 2014, 19 August 2014, 9 October 2014 and 21 November 2014 is dismissed.
(3) Notice of Motion filed on 27 November 2015 in proceedings No 2015/231328 is dismissed.
(4) Applicant in each case to pay the respondents' costs. Catchwords: SUMMONS - judicial review - seven District Court decisions - Supreme Court Act 1970 (NSW), s 69 - application out of time - Uniform Civil Procedure Rules, r 51.10 - no application for extension - no arguable grounds for judicial review - summons dismissed
SUMMONS - leave to appeal - District Court Act 1973 (NSW), s 127 - costs orders - application out of time - no application for extension - no merit in proposed challenges to orders - summons dismissed
NOTICE OF MOTION - application to set aside or vary orders - no legal or other basis proffered in support - summons dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) District Court Act 1973 (NSW), s 127 Legal Profession Act 2004 (NSW) Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 51.12, 51.45, 59.10 Cases Cited: Penson v Titan National Pty Ltd (No 2) [2015] NSWCA 120 Penson v Titan National Pty Ltd (No 4) [2015] NSWCA 350 Category: Principal judgment Parties: Shirley Penson (Applicant) Titan National Pty Ltd (First Respondent) Kathryn Wood-Weber (Second Respondent) District Court of New South Wales (Third Respondent) Representation: Counsel: in person (Applicant) P M Barham (First and Second Respondents) Submitting appearance (Third Respondent)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate