Federal Court of Australia
Federal Court of Australia
Frigger v Banning (Application for Security for Costs on Review of Taxation) [2024] FCA 1207 File number: WAD 607 of 2015
Judgment of: COLVIN J
Date of judgment: 18 October 2024
Catchwords: PRACTICE AND PROCEDURE - application for order for security for costs against natural persons as applicants - security sought for costs of applicants' application for review of taxation - where applicants have had benefit of a two-day taxation hearing - where applicants have access to substantial funds in self-managed superannuation fund - where substantial litigation history in this Court and others including proceedings related to bankruptcy of applicants, which bankruptcy arose from applicants' failure to meet costs orders in other proceedings - whether order for security would serve the interests of justice in the circumstances - consideration of general principles - held interests of justice served by order for security - application allowed
Legislation: Federal Court of Australia Act 1976 (Cth) s 56 Federal Court Rules 2011 (Cth) r 19.01
Cases cited: Bell Wholesale Co Pty Ltd v Gates Export Corporation (No 2) (1984) 2 FCR 1 Cowell v Taylor (1885) 31 Ch D 34 Frigger v Banning (No 3) [2017] FCA 221 Frigger v Professional Services of Australia Pty Ltd [No 2] [2016] WASCA 68 Frigger v Professional Services of Australia Pty Ltd [2022] WASCA 119 Frigger v Trenfield (Application for Stay Pending Appeal) [2021] FCA 1605 Frigger v Trenfield (Application for Release from Undertaking) [2023] FCA 1284 Frigger v Trenfield (Application to Amend) [2024] FCA 508 Frigger v Trenfield (No 10) [2021] FCA 1500 Frigger v Trenfield (No 3) [2023] FCAFC 49 Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in Liq) (No 2) [2018] FCA 612 Gentry Brothers Pty Ltd v Wilson Brown & Associates Pty Ltd (1992) 8 ACSR 405 Kitay, in the matter of Frigger (No 2) [2018] FCA 1032 Madgwick v Kelly [2013] FCAFC 61; (2013) 212 FCR 1 Philips Electronics Australia Pty Ltd v Matthews [2002] NSWCA 157; (2002) 54 NSWLR 598
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