Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Frigger v Banning [2017] FCA 1589 Appeal from: Application for leave to appeal: Frigger v Banning (No 3) [2017] FCA 221
File number(s): WAD 178 of 2017
Judge(s): SIOPIS J
Date of judgment: 21 December 2017
Catchwords: PRACTICE AND PROCEDURE - the applicants applied for leave to file a substituted originating application and a substituted statement of claim – the applicants pleaded that orders made by the Supreme Court of Western Australia Court of Appeal for the payment of monies by a third party were obtained in contravention of the Corporations Act 2001 (Cth) – the primary judge found that the allegation was an abuse of process – the primary judge refused leave to the applicants to file the substituted originating application and substituted statement of claim which contained that claim and other common law tortious claims – whether the primary judge's decision was attended by sufficient doubt to warrant granting leave to appeal. CORPORATIONS – ambit of relief available under s 1324(10) of the Corporations Act.
Legislation: Corporations Act 2001 (Cth) Pt 5.3A, ss 445A, 445F, 447A, 447A(1), 447A(4)(f), 450E, 450E(3), 1324, 1324(1), 1324(10)
Cases cited: Frigger v Banning [2016] FCA 359 Frigger v Banning (No 2) [2016] FCA 749 Frigger v Professional Services of Australia Pty Ltd [2016] WASCA 68 Frigger v Kitay [No 2] [2017] WASCA 139 Computer Accounting and Tax Pty Ltd v Professional Services of Australia Pty Ltd [2008] WASC 133 Professional Services of Australia Pty Ltd v Computer Accounting and Tax Pty Ltd [2008] WASCA 222 Computer Accounting and Tax Pty Ltd v Professional Services of Australia Pty Ltd [No 3] [2010] WASC 2 Professional Services of Australia Pty Ltd v Computer Accounting and Tax Pty Ltd [2010] WASC 38 Professional Services of Australia Pty Ltd (Administrator Appointed) v Computer Accounting and Tax Pty Ltd [No 3] [2010] WASC 93 Holbrook v Professional Services of Australia Pty Ltd [2012] WASC 444 Computer Accounting and Tax Pty Ltd (in liquidation) v Professional Services of Australia Pty Ltd [No 10] [2015] WASC 380 Professional Services of Australia Pty Ltd v Computer Accounting and Tax Pty Ltd [No 4] [2015] WASCA 253 Frigger v Professional Services of Australia Pty Ltd [No 3] [2014] WASCA 69 Cook v Pasminco Limited (2000) 99 FCR 548 Executor Trustee Australia Ltd v Deloitte Haskins & Sells (1996) 135 FLR 314 McCracken v Phoenix Constructions (Qld) Pty Ltd [2013] 2 Qd R 27 NT Power Generation Pty Ltd v Power and Water Authority (2004) 219 CLR 90
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