Federal Court of Australia
Federal Court of Australia
Frigger v Banning (No 11) [2020] FCA 1257 File number: WAD 607 of 2015
Judgment of: COLVIN J
Date of judgment: 2 September 2020
Catchwords: PRACTICE AND PROCEDURE - application for order dismissing proceedings - where application for dismissal previously adjourned pending outcome of related applications to challenge sequestration orders - where proceedings stayed by reason of bankruptcy of applicants - whether existing statutory stay should continue pending outcome of related applications - where proceedings ongoing for years with no viable statement of claim - application allowed - direction that notice of discontinuance filed without leave not be accepted for filing COSTS - application for indemnity costs - application refused
Legislation: Federal Court Rules 2011 (Cth) r 26.12
Cases cited: Clifton (Liquidator) v Kerry J Investment Pty Ltd trading as Clenergy (No 2) [2020] FCAFC 112 Colgate-Palmolive Co v Cussons Pty Ltd [1993] FCA 801; (1993) 46 FCR 225 Frigger v Banning (No 8) [2019] FCA 1319 Frigger v Banning (No 9) [2019] FCA 1611 Frigger v Kitay (No 2) [2020] FCA 497 Kitay, in the matter of Frigger (No 2) [2018] FCA 1032 Professional Services of Australia Pty Ltd v Computer Accounting and Tax Pty Ltd [No 5] [2020] WASC 39
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
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