Penson v Titan National Pty Ltd (No 5)

The proceedings before the Supreme Court of New South Wales involved an applicant, Penson, seeking to challenge seven decisions made by the District Court. These challenges were brought through a summons seeking leave to appeal under section 127 of the *District Court Act 1973* (NSW) and a separate summons seeking judicial review under section 69 of the *Supreme Court Act 1970* (NSW). Additionally, a notice of motion was filed to set aside or vary the District Court orders. The respondent was Titan National Pty Ltd.

The primary legal issues before the Court were whether the applicant had arguable grounds for judicial review of the District Court decisions, whether there was merit in the proposed challenges to the costs orders made by the District Court, and whether the applications, which were made out of time and without applications for extensions, should be entertained. The Court was also required to consider the basis, if any, for setting aside or varying the District Court orders.

The Court dismissed the summons seeking leave to appeal and the summons seeking judicial review, finding no arguable grounds for the latter and no merit in the proposed challenges to the costs orders. The Court also dismissed the notice of motion, noting that no legal or other basis had been proffered in its support. In each instance, the applications were out of time and no applications for extensions had been made. Consequently, the applicant was ordered to pay the respondent's costs.