Frigger v Trenfield (No 7) [2023] FCA 654

Federal Court of Australia

Frigger v Trenfield (No 7) [2023] FCA 654 File number: WAD 66 of 2021

Judgment of: LOGAN J

Date of judgment: 18 May 2023

Catchwords: BANKRUPTCY – whether the bankrupt applicants should be granted leave to file an amended originating application to annual bankruptcy on the grounds the sequestration order was obtained by fraud – where there is a disjunct between asserted supporting evidence and alleged fraud as sought to be pleaded – where proposed amendment does not allege clear particulars of fraud – where the applicant seeks leave to amend originating application to join a third-respondent – where the like issue was dealt with in earlier proceedings, amendment for joinder dismissed – where special leave application to appeal against Full Court decision dismissing challenge to declarations that particular assets were vested in applicants' trustee in bankruptcy is pending – where special leave application does not operate as a stay, nor restrain the trustee from dealing with assets – where there is an undertaking by the trustee not do deal with the assets in bankrupt estate without order of the court – presumption that trustee will do their duty with regards to managing assets in accordance with Bankruptcy Act 1966 (Cth) – where the applicants apply to manage the assets themselves – whether the Court should restrain the trustee from dealing with the assets in bankrupt estate – where the principles which apply to whether to order a restraint are the same as whether to order a stay – restraint not warranted PRACTICE AND PROCEDURE – application to vacate adjournment order – where proceeding in the Western Australian Supreme Court is the subject of reserved judgment on issues which overlap with the applicants' interlocutory application – application to vacate order adjourning proceedings pending determination of Western Australian Supreme Court refused