Frigger v Trenfield (No 3) [2021] FCA 1471

Federal Court of Australia

Frigger v Trenfield (No 3) [2021] FCA 1471 File number: WAD 66 of 2021

Judgment of: LOGAN J

Date of judgment: 4 November 2021

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to vacate the prior orders of the Court adjourning the applicants' application –where adjournment application was not opposed by the applicants – where appropriate remedy would be for the applicants to seek leave for an extension of time in which to appeal the Court's decision – interlocutory application dismissed

Cases cited: Frigger v Trenfield (No 2) [2021] FCA 1255 Kitay, in the matter of Frigger (No 2) [2018] FCA 1032

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: 4 November 2021

Counsel for the Applicants: The Applicants appeared in person

Counsel for the First Respondent: Mr SD Majteles

Solicitor for the First Respondent: Carles Solicitors

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: 4 NOVEMBER 2021

THE COURT ORDERS THAT:

1. The applicants' letter of 20 October 2021 to the associate to Justice Logan be marked as Exhibit 1. 2. Exhibit 1 be deemed to be an interlocutory application for the vacation of Order 2 of the Orders made on 18 August 2021. 3. That deemed interlocutory application be dismissed. 4. The applicants have leave to file and serve on or before 11 November 2021 submissions of not more than 1 page as to why costs of the dismissal of the application should not follow the event. 5. In default of the filing of any such submission, the order be that the applicant pay the costs of each respondent, to be fixed by a Registrar if not agreed. 6. If such submission be filed by the applicants, the respondents have leave to file and serve such submissions in reply of not more than 1 page on or before 18 November 2021. Thereafter the question of costs be determined on the papers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.