Penson v Titan National Pty Ltd (No 4)

In *Penson v Titan National Pty Ltd (No 4)*, Emmett AJA considered applications for costs orders following a protracted history of litigation between the parties. The primary dispute concerned applications for indemnity costs and a specified gross sum costs order under section 98(4)(c) of the *Civil Procedure Act 2005* (NSW).

The court was required to determine whether an earlier application for a stay, which was subsequently dismissed, would have had prospects of success. This determination was relevant to the assessment of costs. The court also had to consider the appropriate basis for awarding costs, specifically whether a gross sum order was warranted given the circumstances.

Emmett AJA reasoned that the application for a stay lacked merit and would not have succeeded. Applying the principles governing costs orders, particularly in the context of section 98(4)(c) of the *Civil Procedure Act 2005* (NSW), the court found it appropriate to award specified gross sums for costs in relation to two separate notices of motion. The court also made orders for the removal of a notice of discontinuance from the court file and for the payment of interest on the awarded costs.