Penson v Titan National Pty Ltd (No 2)

[2015] NSWCA 403

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Non-party costs orders
4. › Director representing company in proceedings
5. › Whether director jointly and severally liable for company's costs
6. › Whether order inconsistent with Corporations Act 2001 (Cth), s 466(4)
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 7.1, 7.2
1. Appeal
2. › Leave to appeal
3. › Interlocutory decisions
4. › Costs orders
5. › Whether reasonably arguable ground of error disclosed
6. › Uniform Civil Procedure Rules 2005 (NSW), rr 51.2, 51.6
1. Practice and Procedure
2. › Time for filing
3. › Material date for appeal
4. › Whether date of judgment or date of orders
5. › Uniform Civil Procedure Rules 2005 (NSW), rr 51.2, 51.6

Quick Take

A director who represents a company in winding up proceedings under UCPR r 7.1 may be made jointly and severally liable for the company's costs, even where the company is a defendant rather than a plaintiff. Section 466(4) of the Corporations Act 2001 (Cth) does not preclude such an order because it expressly authorises the court to order otherwise. The 'material date' for filing a summons seeking leave to appeal under UCPR r 51.6 is the date of the order, not the date of an earlier judgment where orders were not made.