Frigger v Bank of Queensland [2022] FCA 707

Federal Court of Australia

Frigger v Bank of Queensland [2022] FCA 707 File numbers: WAD 225 of 2021 WAD 228 of 2021

Judgment of: LOGAN J

Date of judgment: 30 May 2022

Catchwords: PRACTICE AND PROCEDURE – application to vary orders – where interlocutory application for interim injunction dismissed for want of prosecution on the basis on non-appearance of applicants at hearing – where applicants husband and wife – where first applicant incarcerated at time of hearing of interlocutory application – where second applicant had notice of but did not appreciate listing date of interlocutory application – where applicants seek orders reinstating interlocutory application – where applicants seek injunction to maintain status quo – where grant of injunction would reverse the current status quo given an outcome at trial adverse to the applicants in the original jurisdiction – where issue of injunction previously determined by another judge on application for stay pending determination of appeal – where oral application made for breach of undertakings given in other proceedings – where no basis to allege breach of undertakings – applications dismissed

Cases cited: Barngarla Determination Aboriginal Corporation RNTBC v District Council of Kimba [2019] FCA 1585 Frigger v Bank of Queensland [2021] FCA 1667 Frigger v Trenfield (Application for Stay Pending Appeal) [2021] FCA 1605

Division: General Division

Registry: Western Australia

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection