Penson v Titan National Pty Limited

The applicant, Penson, sought an *ex parte* stay of proceedings against the respondent, Titan National Pty Limited. The application was heard by JC Campbell AJA.

The central legal issue before the court was whether it was appropriate to grant a stay of proceedings on an *ex parte* basis in the circumstances of the case. This required the court to consider the relevant principles governing the exercise of its discretion to grant such a stay without the opposing party being present or having been notified.

JC Campbell AJA refused the application for an *ex parte* stay. The reasoning for this refusal, while not detailed in the provided text, would have involved an assessment of whether the stringent requirements for granting an *ex parte* order, particularly a stay of proceedings, had been met. Such requirements typically include demonstrating a strong case on the merits and establishing that the delay occasioned by notifying the other party would render the relief sought nugatory or cause irreparable harm.