Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Frigger v Banning (No 2) [2017] FCA 1639 File number(s): WAD 178 of 2017
Judge(s): SIOPIS J
Date of judgment: 21 December 2017
Date of hearing: 21 December 2017
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: No Catchwords
Number of paragraphs: 9
Counsel for the Applicants: The Applicants appeared in person.
Counsel for the First, Second, Third and Fourth Respondents: Mr TR Stephenson
Solicitor for the First, Second, Third and Fourth Respondents: Eastwood Law
ORDERS WAD 178 of 2017
BETWEEN: ANGELA CECILIA THERESA FRIGGER First Applicant
HARTMUT HUBERT JOSEF FRIGGER Second Applicant
AND: SANDRA MAY BANNING First Respondent
DONALD CAMPBELL-SMITH Second Respondent
PROFESSIONAL SERVICES OF AUSTRALIA PTY LTD (ACN 082 879 641) (and another named in the Schedule) Third Respondent
JUDGE: SIOPIS J DATE OF ORDER: 21 DECEMBER 2017
THE COURT ORDERS THAT:
1. The applicants' application for leave to appeal from orders 1, 2 and 3 of the orders of Barker J made on 8 March 2017 is dismissed. 2. The applicants' interlocutory application dated 18 December 2017 is dismissed. 3. The applicants are to pay all of the costs and expenses of the respondents of and incidental to the applications referred to in order 1 and order 2 above, including any reserved costs, except insofar as they are of an unreasonable amount or have been unreasonably incurred, so that subject to the above exception, the respondents are completely indemnified by the applicants in respect of their costs of opposing the applications, to be taxed if not agreed. 4. For the avoidance of doubt, the time for the filing of the respondents' responsive submissions is extended to 17 August 2017. 5. Federal Court of Australia proceeding no WAD 607 of 2015 is listed for a directions hearing on Tuesday, 27 February 2018 at 10.15 am. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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