Frigger v Banning (No 3) [2017] FCA 221

FEDERAL COURT OF AUSTRALIA

Frigger v Banning (No 3) [2017] FCA 221 File number: WAD 607 of 2015

Judge: BARKER J

Date of judgment: 8 March 2017

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to amend originating application and statement of claim – whether pleas embarrassing – whether pleas obscure real questions of controversy, are ambiguous or not reasonably intelligible – whether current proceeding used to place in issue matters litigated in separate proceedings – abuse of process – application dismissed PRACTICE AND PROCEDURE – interlocutory application to restrain practitioners from acting for respondents – where applicants allege legal practitioners acted "in combination" – whether applicants using current proceedings used to attack orders made in separate proceedings – abuse of process – application dismissed

Legislation: Corporations Act 2001 (Cth) ss 445D, 447A, 447A(4)(f), 447B, 471A, 477, 477(6), 553C, 1324, Part 5.3A Div 10-12 Personal Properties Securities Act 2009 (Cth) s 19, s 20 Civil Liabilities Act 2002 (WA) Supreme Court Rules 1971 (WA) O 66 r 59 Statutes of Set-Off (UK)

Cases cited: Australasian Memory Pty Ltd v Brien (2000) 200 CLR 270; [2000] HCA 30 Banning Holdings Pty Ltd v Holbrook [2009] WASC 178 Broken Hill Proprietary Co Ltd v Bell Resources Ltd (1984) 8 ACLR 609; (1984) 2 ACLC 157 Commonwealth of Australia v Rocklea Spinning Mills Pty Ltd [2005] FCA 902 Computer Accounting & Tax Pty Ltd (in liq) v Professional Services of Australia Pty Ltd [No 8] [2015] WASC 166 Computer Accounting & Tax Pty Ltd (in liq) v Professional Services of Australia Pty Ltd [No 9] [2015] WASC 343 Computer Accounting & Tax Pty Ltd v Professional Services of Australia Pty Ltd [2008] WASC 133 Computer Accounting & Tax Pty Ltd v Professional Services of Australia Pty Ltd [2008] WASC 133(S) Computer Accounting & Tax Pty Ltd v Professional Services of Australia (No 7) [2014] WASC 360 Computer Accounting & Tax Pty Ltd v Professional Services of Australia Pty Ltd [No 3] [2010] WASC 2 Computer Accounting & Tax Pty Ltd v Professional Services of Australia Pty Ltd [2010] WASC 2(S) Computer Accounting & Tax Pty Ltd v Professional Services of Australia Pty Ltd [No 4] [2011] WASC 284 EC Dawson Investments Pty Ltd v Crystal Finance Pty Ltd (No 3) [2013] WASC 183 Flynn v Theobald [2008] WASC 263 Frigger v Campbell-Smith [2010] WASC 353 Frigger v Clavey Legal Pty Ltd [No 3] [2015] WADC 21 Frigger v Lean [2012] WASC 66 Frigger v Professional Services of Australia Pty Ltd [No 3] [2014] WASCA 69 Hart-Roach v Public Trustee unrep. WASC lib. no. 980044 Hazcor Pty Ltd & Ors v Kirwanon Pty Ltd Lib No. 950074b Holbrook v Professional Services Pty Ltd [2012] WASC 444 Idoport v National Australia Bank Ltd [2006] NSWCA 202 Jeffery & Katauskas Pty Ltd v SST Consulting Pty Ltd (2009) 239 CLR 75; [2009] HCA 43 Kidd v Artus t/as Downings Legal [2013] WASC 264 Kitay, in the matter of Computer Accounting & Tax Pty Ltd (in liq) [2016] FCA 720 Medibank Private Ltd v Cassidy [2002] FCAFC 290 Professional Services of Australia Pty Ltd (Administrator Appointed) v Computer Accounting & Tax Pty Ltd [No 3] [2010] WASC 93 Professional Services of Australia Pty Ltd v Computer Accounting & Tax Pty Ltd [No 2] [2009] WASCA 183 Professional Services of Australia Pty Ltd v Computer Accounting & Tax Pty Ltd [No 2] [2009] WASCA 183(S) Professional Services of Australia Pty Ltd v Computer Accounting & Tax Pty Ltd [No 4] [2015] WASCA 253 Professional Services of Australia Pty Ltd v Computer Accounting & Tax Pty Ltd [2010] WASC 38 Re Ansett [No 1] [2001] FCA 1806 Re New Tel Ltd (in liq) [2004] FCA 1154 Re Sons of Gwalia Ltd; ex parte Love [2008] WASC 75 Selangor United Rubber Estates Ltd v Cradock [1965] Ch 896 Sheraz Pty Ltd v Vegas Enterprises Pty Ltd [2015] WASCA 4 Smolarek v Liwszyc [2006] WASCA 50