Federal Court of Australia
Federal Court of Australia
Frigger v Trenfield (Application for Stay Pending Appeal) [2021] FCA 1605 Appeal from: Frigger v Trenfield (No 10) [2021] FCA 1500
File number: WAD 278 of 2021
Judgment of: COLVIN J
Date of judgment: 16 December 2021
Catchwords: PRACTICE AND PROCEDURE - application for stay pending outcome of appeal - where appellants appeal from decision dismissing application for declarations that certain assets administered by trustee in bankruptcy form part of self-managed superannuation fund, compensation for losses and orders disentitling trustee to remuneration in relation to administration of estates - whether stay or injunction necessary to preserve right of appeal - whether real risk funds unable to be recovered if appeal successful - where no imminent threat of steps taken which could jeopardise right of appeal - where trustee gave undertaking not to take steps to dispose of, transfer or deal with shares without notice to appellants - application dismissed
Cases cited: Barngarla Determination Aboriginal Corporation RNTBC v District Council of Kimba [2019] FCA 1585
Division: General Division
Registry: Western Australia
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 21
Date of hearing: 16 December 2021
Counsel for the Appellants: The Appellants appeared in person
Counsel for the Respondent: Mr SD Majteles
Solicitor for the Respondent: Carles Solicitors
ORDERS WAD 278 of 2021
BETWEEN: ANGELA CECILIA THERESA FRIGGER First Appellant
HARTMUT HUBERT JOSEF FRIGGER Second Appellant
AND: KELLY-ANNE LAVINA TRENFIELD Respondent
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