Penson v Titan National Pty Ltd

In the matter of *Penson v Titan National Pty Ltd*, the Court of Appeal of the Supreme Court of New South Wales considered applications for costs made by a self-represented litigant who had been declared bankrupt. The dispute concerned the appropriate orders for costs in circumstances where the litigant was bankrupt and no further action had been taken by the parties regarding the costs applications.

The primary legal issue before the Court was whether to grant the costs applications made by the self-represented litigant, Ms. Penson, and Ms. Wood-Weber, in light of Ms. Penson's bankruptcy. The Court was required to determine if there was any principle to be applied in this specific context, particularly given the lack of further engagement from the parties on the costs issue.

The Court dismissed the notices of motion filed by both Ms. Wood-Weber and Ms. Penson. The reasoning for this decision was that there was no issue of principle to be determined by the Court in relation to the costs applications, especially given the bankruptcy of Ms. Penson and the subsequent lack of further action by the parties. Consequently, all applications for costs were dismissed.