Federal Court of Australia
Federal Court of Australia
Frigger v Trenfield (Application for Release from Undertaking) [2023] FCA 1284 File number: WAD 278 of 2021
Judgment of: FEUTRILL J
Date of judgment: 24 October 2023
Catchwords: PRACTICE AND PROCEDURE – undertaking – respondent's interlocutory application to be released from undertaking – where undertaking given in lieu of interlocutory order pending outcome of appeal – where appeal has been resolved in favour of respondent – where special leave to the High Court of Australia has been refused
Legislation: Bankruptcy Act 1966 (Cth) ss 116(2)(d)(iii)(A), 149 Insolvency Practice Rules (Bankruptcy) 2016 (Cth) rr 42-40, 70-47(3)
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; (1981) 148 CLR 170 Frigger v Trenfield (No 10) [2021] FCA 1500 Frigger v Trenfield (Application for Stay Pending Appeal) [2021] FCA 1605 Frigger v Trenfield (No 3) [2023] FCAFC 49 Frigger v Trenfield [2023] HCASL 110 Thomson Australian Holdings Pty Ltd v Trade Practices Commission [1981] HCA 48; (1981) 148 CLR 150
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 28
Date of last submissions: 31 May 2023
Date of hearing: 25 May 2023
Counsel for the Appellants: The Appellants appeared in person
Counsel for the Respondent: Mr SD Majteles
Solicitor for the Respondent: Johnson Winter Slattery
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