Federal Court of Australia
Federal Court of Australia
Frigger v Trenfield (No 7) [2020] FCA 1740 File number: WAD 141 of 2019
Judgment of: JACKSON J
Date of judgment: 27 November 2020
Date of publication of reasons: 3 December 2020
Catchwords: PRACTICE AND PROCEDURE - application to reopen trial after judgment reserved - applicants seeking to object to evidence already admitted - applicants claimed to have mistakenly misapprehended facts - applicants claimed that first respondent had abused powers as trustee in bankruptcy - unlikely that objections would be upheld if trial reopened - applicants seeking to adduce new evidence - evidence could have been adduced in trial - not in interests of justice to reopen - application to reopen dismissed
Legislation: Bankruptcy Act 1966 (Cth) ss 5E, 19AA, 58, 77A, 116, 129 Evidence Act 1995 (Cth) ss 101A, 102, 138 Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Australian Securities and Investments Commission v Rich [2006] NSWSC 826; (2006) 235 ALR 587 Commonwealth of Australia v Davis Samuel Pty Ltd (No 7) [2013] ACTSC 146; (2013) 282 FLR 1 Em v The Queen [2007] HCA 46; (2007) 232 CLR 67 Fiore v Roufeil [2019] FCA 1774 Hamilton v Oades (1989) 166 CLR 486 Hongkong Bank of Australia Ltd v Australian Securities Commission (1992) 40 FCR 402 Inspector-General in Bankruptcy v Bradshaw [2006] FCA 22 Murray v Figge (1974) 4 ALR 612 R v McKeough [2003] NSWCCA 285 Re Excel Finance Corporation Ltd (Receiver and Manager Appointed) (1994) 52 FCR 69 Re Hugh J Roberts Pty Ltd (in liq) [1970] 2 NSWR 582 Re Southern Equities Corporation Ltd (in liq); Bond & Caboche v England (1997) 25 ACSR 394 Roufeil v Fiore, in the matter of the Bankrupt Estate of Peter Andrew Fiore (No 4) [2020] FCA 1458 Spotlight Pty Ltd v NCON Australia Ltd [2012] VSCA 232; (2012) 46 VR 1 Telstra Corporation Ltd v Australian Competition and Consumer Commission [2008] FCA 1436; (2008) 171 FCR 174 Urban Transport Authority of New South Wales v Nweiser (1992) 28 NSWLR 471 Wu (a pseudonym) v The Queen; Phan (a pseudonym) v The Queen [2020] VSCA 94
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