Frigger v Professional Services of Australia Pty Ltd [2022] FCA 1477

Federal Court of Australia

Frigger v Professional Services of Australia Pty Ltd [2022] FCA 1477 File number: WAD 126 of 2022

Judgment of: FEUTRILL J

Date of judgment: 9 December 2022

Catchwords: PRACTICE AND PROCEDURE – application for security for costs – application granted – plaintiffs recently discharged bankrupts – prior history of non-payment of cost orders – no evidence of changed financial circumstances – real risk costs orders would not be satisfied – prospects of success not strong – amount of proposed security excessive

Legislation: Bankruptcy Act 1966 (Cth) ss 58, 60, 116(2)(d)(iii)(A), 149 Corporations Act 2001 (Cth) ss 122, 471B, 1322, 1322(4), 1322(4)(b), 1322(6)(c), 1378, 1389 Federal Court (Corporations) Rules 2000 (Cth) Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) r 19.01 Civil Judgments Enforcements Act 2005 (WA)

Cases cited: Australian Securities Commission v SIB Resources NL (1991) 30 FCR 221 Banning Holdings Pty Ltd v Holbrook [2009] WASC 178 Bray v F Hoffmann-La Roche Ltd (2003) 130 FCR 317; [2003] FCAFC 153 Computer Accounting and Tax Pty Ltd v Professional Services of Australia Pty Ltd (No 3) [2010] WASC 2 Computer Accounting and Tax Pty Ltd v Professional Services of Australia Pty Ltd (No 3) [2010] WASC 2(S) Computer Accounting and Tax Pty Ltd (in liq) v Professional Services of Australia Pty Ltd (No 7) [2014] WASC 360 Computer Accounting and Tax Pty Ltd (in liq) v Professional Services of Australia Pty Ltd (No 8) [2015] WASC 166 Computer Accounting and Tax Pty Ltd (in liq) v Professional Services of Australia Pty Ltd (No 10) [2015] WASC 380 Frigger v Banning (No 3) [2017] FCA 221 Frigger v Banning (No 8) [2019] FCA 1319 Frigger v Banning (No 11) [2020] FCA 1257 Frigger v Banning (No 12) [2022] FCA 347 Frigger v Kitay [2016] WASC 60 Frigger v Kitay (No 2) [2017] WASC 139 Frigger v Kitay [2019] FCA 624 Frigger v Professional Services of Australia Pty Ltd (No 3) [2014] WASCA 69 Frigger v Professional Services of Australia Pty Ltd [2015] WASCA 3 Frigger v Professional Services of Australia Pty Ltd (No 2) [2016] WASCA 68 Frigger v Professional Services of Australia Pty Ltd (No 3) [2018] WASCA 106 Frigger v Professional Services of Australia Pty Ltd [2022] WASC 158 Frigger v Professional Services of Australia Pty Ltd [2022] WASCA 119 Frigger v Trenfield (No 10) [2021] FCA 1500; (2021) 397 ALR 24 Frigger v Trenfield (No 6) [2022] FCA 1233 Holbrook v Professional Services of Australia Pty Ltd [2012] WASC 444 Impex Pty Ltd v Crowner Products Ltd (1994) 13 ACSR 440 Kitay, in the matter of Frigger (No 2) [2018] FCA 1032 Knight v Beyond Properties Pty Ltd [2005] FCA 764 McJannet v White [1994] FCA 228; (1994) 48 FCR 453 Mecrus Pty Ltd v Industrial Energy Pty Ltd (2015) 327 ALR 523; [2015] FCA 103 Oakes v Turquand and Harding (1867) 2 LRHL 325 Professional Services of Australia Pty Ltd v Computer Accounting and Tax Pty Ltd (No 2) [2009] WASCA 183 Professional Services of Australia Pty Ltd v Computer Accounting and Tax Pty Ltd (No 2) [2009] WASCA 183(S) Professional Services of Australia Pty Ltd v Computer Accounting and Tax Pty Ltd [2010] WASC 38 Professional Services of Australia Pty Ltd v Computer Accounting and Tax Pty Ltd (No 2) [2010] WASC 113 Professional Services of Australia Pty Ltd (administrator appointed) v Computer Accounting and Tax Pty Ltd (No 3) [2010] WASC 93 Professional Services of Australia Pty Ltd v Computer Accounting and Tax Pty Ltd (No 4) [2015] WASC 253 Professional Services of Australia Pty Ltd v Computer Accounting and Tax Pty Ltd (No 5) [2020] WASC 39 Re Computer Accounting and Tax Pty Ltd (in liq); Ex parte Mervyn Jonathan Kitay in his capacity as liquidator of Computer Accounting and Tax Pty Ltd (in liq) (No 4) [2014] WASC 169 Salomon v A Salomon & Co Ltd [1897] AC 22 von Arnim v Federal Republic of Germany [1999] FCA 1747