Frigger v Trenfield (No 2) [2019] FCA 2009

FEDERAL COURT OF AUSTRALIA

Frigger v Trenfield (No 2) [2019] FCA 2009 File number: WAD 141 of 2019

Judge: JACKSON J

Date of judgment: 29 November 2019

Catchwords: PRACTICE AND PROCEDURE - application for summary judgment - beneficial ownership of funds and real property - when property will be subject to a trust - evidentiary uncertainties - application dismissed DISCOVERY - application for particular discovery under r 20.21 of the Federal Court Rules 2011 (Cth) by trustees in bankruptcy - source and ownership of funds in bank accounts held by the applicants - discovery sought in order to respond to orders sought by applicant - discovery not for collateral purpose of furthering respondents' investigations - no abuse of process - orders granted

Legislation: Bankruptcy Act 1966 (Cth) s 19 Federal Court of Australia Act 1976 (Cth) ss 31A, 37M Superannuation Industry (Supervision) Act 1993 (Cth) Federal Court Rules 2011 (Cth) rr 1.34, 20.11, 20.13, 20.14, 20.15, 20.21, 26.01

Cases cited: Australian Securities and Investments Commission v Cassimatis [2013] FCA 641; (2013) 220 FCR 256 Blakeley v National Australia Bank [2018] FCA 796 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2011] FCA 1396 Dennis v Chambers Investment Planners [2012] FCA 63; (2012) 201 FCR 321 Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 Frigger v Trenfield [2019] FCA 1746 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd [2008] FCAFC 60; (2008) 167 FCR 372 Quach v Commissioner of Taxation [2019] FCA 1729 Spencer v Commonwealth of Australia [2010] HCA 28; (2010) 241 CLR 118 Three Rivers District Council v Bank of England (No 3) [2003] 2 AC 1