Frigger v Banning (No 7) [2018] FCA 1074

FEDERAL COURT OF AUSTRALIA

Frigger v Banning (No 7) [2018] FCA 1074 File number: WAD 607 of 2015

Judge: COLVIN J

Date of judgment: 17 July 2018

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

Date of hearing: 17 July 2018

Registry: Western Australia

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: No Catchwords

Number of paragraphs: 11

Counsel for the First Applicant: The First Applicant appeared in person

Counsel for the Second Applicant: The Second Applicant did not appear

Counsel for the First, Third and Fourth Respondents: Mr TR Stephenson

Solicitor for the First, Third and Fourth Respondents: Eastwood Law

Counsel for the Second Respondent: The Second Respondent did not appear

ORDERS WAD 607 of 2015

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: COLVIN J DATE OF ORDER: 17 JULY 2018

THE COURT ORDERS THAT:

1. The application for leave to file a statement of claim in terms of the minute of proposed statement of claim filed 10 April 2018 be dismissed. THE COURT FURTHER ORDERS THAT: 2. The applicants do file and serve a signed minute of proposed statement of claim by 28 August 2018. 3. If the minute is prepared and signed by Mr and Mrs Frigger personally it shall comply with the orders made on 16 March 2018. 4. If the minute is prepared and signed by a legal practitioner it shall be in a form that the practitioner considers is reasonable and proper based on instructions provided to the practitioner. 5. The matter be re-listed for a further case management hearing on 14 September 2018 at 9.15 am at which time the court will consider whether the proposed statement of claim is in a form that should be entertained as a proposed claim in these proceedings. 6. If the court is of the view that the claim is not in an appropriate form the court will consider at the hearing on 14 September 2018 whether the proceedings should be dismissed. 7. The applicants do pay the respondents costs of the application to file a statement of claim in terms of the minute of proposed statement of claim. 8. The applicants do pay the respondents costs of the application for orders allowing a new statement of claim following the decision of Justice Barker on 8 March 2017 including any reserved costs in respect of that application. 9. The application for an interlocutory injunction be adjourned to a date to be fixed after 14 September 2018. 10. The costs of the application for an interlocutory injunction be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.