Federal Court of Australia
Federal Court of Australia
Frigger v Trenfield (No 2) [2021] FCA 1255 File number: WAD 66 of 2021
Judgment of: LOGAN J
Date of judgment: 18 August 2021
Catchwords: PRACTICE AND PROCEDURE – application for adjournment of the applicants' summary judgment application and substantive annulment application – were proceedings concerned whether s 477(2B) of the Corporations Act 2001 (Cth) had been complied with – where West Australian Supreme Court already seized with application relevant to that issue – where adjournment not opposed by parties – application granted
Legislation: Corporations Act 2001 (Cth) s 477)
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 4
Date of hearing: 18 August 2021
Counsel for the Applicants: The Applicants appeared in person
Counsel for the First Respondent: Mr S Majteles
Solicitor for the First Respondent: Carles Lawyers
Solicitor for the Second Respondent: Herbert Smith Freehills
ORDERS WAD 66 of 2021
BETWEEN: ANGELA CECILIA THERESA FRIGGER First Applicant
HARTMUT HUBERT JOSEF FRIGGER Second Applicant
AND: KELLY TRENFIELD First Respondent
MERVYN JOHN KITAY Second Respondent
order made by: LOGAN J DATE OF ORDER: 18 AUGUST 2021
THE COURT ORDERS THAT:
1. Without the leave of a court had and obtained, no person than a party to the proceeding or a legal representative of a party or an officer of a court may inspect or copy or publish in any way the Affidavit of Angela Frigger sworn on 30 June 2021, and filed in the Court on 1 July 2021. 2. The Applicants' Interim Application filed 26 July 2021 be adjourned to a date to be fixed pending the outcome of the proceeding of the Supreme Court of Western Australia (COR 131 of 2021). 3. Liberty to apply, including liberty to apply to the Court to list the case for further case management on 2 clear business days' notice. 4. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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