Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Frigger v Banning (No 2) [2016] FCA 749 File number: WAD 607 of 2015
Judge: BARKER J
Date of judgment: 24 June 2016
Catchwords: PRACTICE AND PROCEDURE – security for costs – applicants in default of security for costs order – application to dismiss proceedings – application to vary security for costs order – whether material change of circumstances – whether discovery of new material that could not reasonably have been before the Court at security for costs hearing
Legislation: Federal Court of Australia Act 1976 (Cth) s 56(3) Federal Court Rules 2011 (Cth) RR 1.32, 5.23, 39.05, Sch 2, Sch 3 cl 11.1
Cases cited: Austcorp Project No 20 Pty Ltd v The Trust Co (PTAL) Limited, in the matter of Bellpac Pty Limited (Receivers and Managers Appointed) (in liq) (No 4) [2015] FCA 850 Frigger v Banning [2016] FCA 359 Kitay, in the matter of Computer Accounting & Tax Pty Ltd (in liq) [2016] FCA 720
Date of hearing: 3 June 2016
Date of last submissions: 22 June 2016
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 31
Counsel for the Applicants: The Applicants appeared in person
Counsel for the Respondents: Mr TR Stephenson
Solicitor for the Respondents: Eastwood Sweeney Law
ORDERS WAD 607 of 2015
BETWEEN: ANGELA CECILIA THERESA FRIGGER First Applicant
HARTMUT HUBERT JOSEF FRIGGER Second Applicant
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