Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in liq) (No 4) [2021] FCA 487

Federal Court of Australia

Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in liq) (No 4) [2021] FCA 487 File number: WAD 674 of 2015

Judgment of: COLVIN J

Date of judgment: 11 May 2021

Catchwords: PRACTICE AND PROCEDURE - application for dismissal of proceedings on basis of abandonment by trustee or failure to provide security for costs - application by plaintiffs for extension of time to provide security - where proceedings stayed for number of years - where failure to provide security unexplained - application for extension refused - proceedings dismissed

Legislation: Bankruptcy Act 1966 (Cth) s 60 Federal Court of Australia Act 1976 (Cth) s 56

Cases cited: Bell v Cribb [2013] WASC 32 Chahwan v Euphoric Pty Ltd t/as Clay & Michel [2008] NSWCA 52 Frigger v Banning (No 8) [2019] FCA 1319 Frigger v Banning (No 9) [2019] FCA 1611 Frigger v Banning (No 11) [2020] FCA 1257 Frigger v Kitay (Liquidator) [2020] FCA 482 Frigger v Kitay (Liquidator) (No 2) [2020] FCA 721 Frigger v Kitay [2019] FCA 624 Frigger v Kitay (No 2) [2020] FCA 497 Frigger v Kitay (No 3) [2020] FCA 650 Frigger, in the matter of an application by Frigger [2019] FCA 1730 Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in liq) (No 3) [2021] FCA 21 Frigger v Professional Services of Australia Pty Ltd [No 2] [2016] WASCA 68 Kitay v Frigger [No 3] [2020] WASCA 55 Kitay, in the matter of Frigger (No 2) [2018] FCA 1032 Re Kitay in his capacity as Liquidator of Computer Accounting and Tax Pty Ltd (in liq) and Computer Accounting and Tax Pty Ltd (in liq) [No 2] [2020] WASC 373 Zetta Jet Pte Ltd v The Ship 'Dragon Pearl' (No 2) [2018] FCAFC 132; (2018) 265 FCR 290