Penson v Titan National Pty Ltd (No 2)

The Court of Appeal of the Supreme Court of New South Wales considered an application for a stay of judgments pending an application for leave to appeal. The dispute arose from a statutory appeal to the District Court concerning a costs assessment review.

The primary legal issues before the Court of Appeal were whether a right of appeal existed from the District Court's decision on the statutory appeal, and whether a right of appeal existed from interlocutory orders made by the District Court in that statutory appeal. The court also considered the principles relevant to granting a stay pending an application for leave to appeal and the principles for an extension of time to seek such leave.

JC Campbell AJA determined that there was no statutory right of appeal to the Court of Appeal from the District Court's decision on the statutory appeal from the costs assessment review. Similarly, no right of appeal lay from interlocutory orders made by the District Court in that context. Consequently, the application for a stay of judgments pending an application for leave to appeal was refused.