Penson v Titan National Pty Limited (No 2)

• 1. Appeal
  2. › Court of Appeal
  3. › Jurisdiction
  4. › Appeal from District Court
  5. › Statutory appeal to District Court from costs assessment review panel
  6. › Whether proceedings constitute an 'action' within s 127 District Court Act 1973
  7. › Whether interlocutory orders in statutory appeal proceedings are appealable
  8. › District Court Act 1973 (NSW), s 127
• 1. Appeal
  2. › Stay pending application for leave to appeal
  3. › Relevant principles
  4. › Whether applicant demonstrated serious questions for determination
  5. › Whether applicant offered conditions to protect judgment creditor
  6. › Whether appeal would be rendered nugatory without stay
• 1. Appeal
  2. › Extension of time to seek leave to appeal
  3. › Relevant principles
  4. › Whether strict compliance with time limits would work injustice
  5. › Factors including length of delay, reasons for delay, arguable case, and prejudice to respondent
  6. › Uniform Civil Procedure Rules 2005 (NSW), r 51.10
• 1. Practice and Procedure
  2. › Costs
  3. › Leave to appeal against costs orders
  4. › Small amounts
  5. › Principle of early finality in small claims
  6. › Whether issues of principle, public importance, or reasonably clear injustice demonstrated

Quick Take