Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in Liq) (No 2) [2018] FCA 612

FEDERAL COURT OF AUSTRALIA

Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in Liq) (No 2) [2018] FCA 612 File number: WAD 674 of 2015

Judge: COLVIN J

Date of judgment: 7 May 2018

Catchwords: PRACTICE AND PROCEDURE - application for order for security for costs against natural persons as plaintiffs - where plaintiffs have access to substantial funds in a self-managed superannuation fund said to be in pension phase - long history of related litigation by plaintiffs including unpaid costs orders under challenge in other proceedings - where previous finding of plaintiffs putting assets out of reach of their creditors - where plaintiffs have failed to comply with bankruptcy notice but oppose creditor's petition - whether the court should consider the merits of plaintiffs claim - order for first tranche of security

Legislation: Federal Court of Australia Act 1976 (Cth) s 56(1) Legal Profession Act 2003 (WA) ss 259(5), 282(2), 282(4)

Cases cited: Bell Wholesale Co Pty Ltd v Gates Export Corporation (No 2) [1984] FCA 34; (1984) 2 FCR 1 Commissioner of Taxation v Vasiliades [2016] FCAFC 170 Equity Access Ltd v Westpac Banking Corporation [1989] FCA 361 Frigger v Banning [2016] FCA 359 Frigger v Banning [2017] FCA 1589 Frigger v Kitay [2016] WASCA 173 Frigger v Kitay [2017] FCA 1278 Gentry Brothers Pty Ltd v Wilson Brown & Associates Pty Ltd (1992) 8 ACSR 405 King v King [2012] QCA 81 Knight v Beyond Properties Pty Ltd [2005] FCA 764 Madgwick v Kelly [2013] FCAFC 61; (2013) 212 FCR 1 Mecrus Pty Ltd v Industrial Energy Pty Ltd [2015] FCA 103 Noye v Robbins [2010] WASCA 83 PS Chellaram & Co Ltd v China Ocean Shipping Company [1991] HCA 36; (1991) 65 ALJR 642 Wentworth v Rogers [2006] NSWCA 145; (2006) 66 NSWLR 474