Federal Court of Australia
Federal Court of Australia
Frigger v Banning (No 12) [2022] FCA 347 File number: WAD 607 of 2015
Judgment of: COLVIN J
Date of judgment: 6 April 2022
Catchwords: PRACTICE AND PROCEDURE - application to defer taxation of costs pending application for permanent stay of cost orders on grounds of alleged abuse of process - whether proper basis for a claim that party entitled to cost order does not exist - whether arguable basis for alleged abuse of process - whether risk of prejudice demonstrated - consideration of balance of convenience - application refused
Legislation: Bankruptcy Act 1966 (Cth) s 60 Corporations Act 1989 (Cth) (the Corporations Law) ss 114, 117, 118, 119, 120, 121, 161, 162 Corporations Act 2001 (Cth) ss 124, 125 Federal Court Rules 2011 (Cth) r 40.20
Cases cited: Budimir v McMahon [2000] FCA 1312 Darvall v North Sydney Brick & Tile Co Ltd (No 4) (1988) 14 ACLR 474 Frigger v Banning (No 8) [2019] FCA 1319 Frigger v Banning (No 11) [2020] FCA 1257 Frigger v Trenfield [2019] FCA 1746 Marshall v DG Sundin & Co Pty Ltd (1989) 16 NSWLR 463 Re Australian Securities Commission v SIB Resources NL [1991] FCA 261; (1991) 30 FCR 221 Tetlow v Orela Ltd [1920] 2 Ch 24 United Service Insurance Co Ltd (in liq) v Lang (1935) 35 SR (NSW) 487
Division: General Division
Registry: Western Australia
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