Federal Court of Australia
Federal Court of Australia
Frigger v Trenfield (Subpoena to FTI Consulting) (No 2) [2024] FCA 509 File number: WAD 128 of 2023
Judgment of: COLVIN J
Date of judgment: 16 May 2024
Catchwords: PRACTICE AND PROCEDURE - subpoenas - application for costs of compliance with subpoena - where party seeking costs has substantial interest in outcome of proceeding - question of costs reserved
Cases cited: Charlick Trading Pty Ltd v Australian National Railways Commission (1997) 149 ALR 647 Frigger v Trenfield (Subpoena to FTI Consulting) [2023] FCA 1001 Frigger v Trenfield (Application to Amend) [2024] FCA 508
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 19
Date of hearing: 2 May 2024
Counsel for the Applicants: The applicants appeared in person
Counsel for the Respondent: Mr SD Majteles
Solicitor for the Respondent: Johnson Winter Slattery
Counsel for the Interested Party: Mr S Guthrie
Solicitor for the Interested Party: Thomson Geer
ORDERS WAD 128 of 2023
BETWEEN: ANGELA CECILIA THERESA FRIGGER First Applicant
HARTMUT HUBERT JOSEF FRIGGER Second Applicant
AND: KELLY-ANNE LAVINA TRENFIELD Respondent
FTI CONSULTING (AUSTRALIA) PTY LTD Interested Party
order made by: COLVIN J DATE OF ORDER: 16 may 2024
THE COURT ORDERS THAT:
1. The question of the terms of any order as to the reasonable costs and expenses of FTI Consulting (Australia) Pty Ltd complying with the subpoena dated 28 November 2023 be reserved until the event in the proceedings is known. 2. There be liberty to FTI Consulting (Australia) Pty Ltd to relist its application for costs upon reasonable notice to the applicant. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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