Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Frigger v Trenfield (No 6) [2020] FCA 934 File number: WAD 141 of 2019
Judge: JACKSON J
Date of judgment: 6 July 2020
Catchwords: PRACTICE AND PROCEDURE - application for leave to amend originating application - where application made in close proximity to impending trial date - new claim maintained for trivial reason - leave to make new claim refused PRACTICE AND PROCEDURE - application for joinder of former trustees of relevant trust - identity of trustees unclear at relevant times - avoidance of multiplicity of proceedings - one alleged former trustee ought to have been joined - unlikely to affect interests of other alleged former trustees - joinder of one party ordered PRACTICE AND PROCEDURE - application for leave to file cross-claim out of time - addition of cross-claim likely to cause prejudice to applicants - leave refused PRACTICE AND PROCEDURE - application for particular discovery - application granted in part
Legislation: Bankruptcy Act 1966 (Cth) ss 30, 116 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N Income Tax Rates Act 1986 (Cth) s 26 Superannuation Industry (Supervision) Act 1993 (Cth) ss 17A, 19, 160 Federal Court Rules 2011 (Cth) rr 9.05, 9.23, 15.04, 15.05
Cases cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Crocker v Toys 'R' Us (Australia) Pty Ltd [2015] FCA 588 Frigger v Trenfield [2019] FCA 1746 Frigger v Trenfield (No 2) [2019] FCA 2009 Frigger, in the matter of an application by Frigger [2019] FCA 1730 Gleeson v J Wippell & Co Ltd [1977] 3 All ER 54 Leggott v Great Northern Railway Co (1876) 1 QBD 599 Main-Road Property Group Pty Ltd v Pelligra & Sons Pty Ltd [2007] VSC 43 McDonald v State of South Australia [2011] FCA 297; (2011) 126 ALD 488 News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52 Re Beechworth Land Estates Pty Ltd (In Liq) and Griffith Estates Pty Ltd (In Liq) [2018] NSWSC 1703 Re Phillips; Public Trustee v Meyer [1931] WN 271 Re Wood (decd); ACF & Shirleys Fertilizers Ltd v Wood [1949] St R Qd 17 Rush v Nationwide News Pty Ltd (No 2) [2018] FCA 550; (2018) 359 ALR 564 Tomlinson v Ramsey Food Processing Ltd [2015] HCA 28; (2015) 256 CLR 507 Woodings v Stevenson [2001] WASC 174; (2001) 24 WAR 224
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