Frigger v Trenfield (No 5) [2022] FCA 531

Federal Court of Australia

Frigger v Trenfield (No 5) [2022] FCA 531 File number: WAD 66 of 2021

Judgment of: LOGAN J

Date of judgment: 5 April 2022

Catchwords: PRACTICE AND PROCEDURE – application for leave to amend originating application – where application seeks to re-agitate previously adjourned or abandoned applications for interlocutory relief – where proceeding adjourned pending determination of proceedings in Supreme Court of Western Australia – where interests of justice still favour adjournment – application adjourned to a date to be fixed

Cases cited: 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: 8

Date of hearing: 5 April 2022

Counsel for the Applicants: The Applicants appeared in person

Counsel for the First Respondent: Mr SD Matjeles

Counsel for the Second Respondent: Mr P Edgar

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: 5 APRIL 2022

THE COURT ORDERS THAT:

1. Leave be granted for the applicants to file in court the affidavit of Angela Cecilia Frigger, sworn 23 March 2022 and submissions lodged 30 March 2022. 2. The hearing of the question as to whether the applicants should be granted leave to amend their originating application in the terms proposed in exhibit 1 be adjourned to a date to be fixed. 3. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.