Penson v Titan National Pty Ltd (No 2)

The applicants, Penson and others, sought to set aside or vary a judgment and orders made by the Court of Appeal of New South Wales on 5 June 2015, which had dismissed their application for leave to appeal. The primary basis for this application was a complaint regarding the adequacy of their legal representation during the hearing of the application for leave to appeal, which they contended resulted in them being deprived of natural justice.

The central legal issue before the Court of Appeal was whether the applicants had established grounds to set aside or vary the previous orders. This required the court to consider whether the alleged inadequacy of legal representation amounted to a denial of natural justice, and whether the arguments now sought to be re-agitated had already been considered and determined by the court.

The Court of Appeal found that the applicants' complaints were essentially a re-agitation of arguments that had already been considered and rejected on the hearing of the application for leave to appeal. The court held that there was no point of principle that justified setting aside or varying the previous judgment and orders. The court concluded that the applicants had not demonstrated any error of law or fact in the original decision, nor had they established a denial of natural justice.

Consequently, the Court of Appeal dismissed the application to set aside or vary the judgment and orders made on 5 June 2015, ordering the applicants to pay the costs of the application.