Frigger v Professional Services of Australia Pty Ltd (No 6) [2024] FCA 1320

Frigger v Professional Services of Australia Pty Ltd (No 6) [2024] FCA 1320 File number: WAD 126 of 2022

Judgment of: FEUTRILL J

Date of judgment: 15 November 2024

Catchwords: PRACTICE AND PROCEDURE – application to reopen security for costs orders – dismissal of proceeding following determination of separate questions COSTS – liability for legal costs – consideration of indemnity principle – costs awarded on a lump sum basis

Corporations Act 2001 (Cth) s 1322(4)(b) Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1E)(a), 37M, 43, 43(3)(d) Federal Court Rules 2011 (Cth) rr 30.02, 39.05(c), 40.02(b); Sch 3

Adams v London Improved Motor Coach Builders Ltd [1921] 1 KB 495 Angor Pty Ltd v Ilich Motor Co Pty Ltd (1992) 37 FCR 65 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd [2016] FCA 37 eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd [2015] NSWCA 284; 90 NSWLR 451' Frigger v Banning (No 13) [2023] FCA 923 Cases cited: Frigger v Banning (Application for Security for Costs on Review of Taxation) [2024] FCA 1207 Frigger v Professional Services of Australia Pty Ltd [2022] FCA 1477 Frigger v Professional Services of Australia Pty Ltd (No 3) [2023] FCA 520 Frigger v Professional Services of Australia Pty Ltd (No 5) [2024] FCA 420 Harvard Nominees Pty Ltd v Dimension Agriculture Pty Ltd (in liq) [2023] FCAFC 140; 299 FCR 224 Marsh v Baxter [2015] WASCA 179 Paciocco v Australia and New Zealand Banking Group Ltd (No 2) [2017] FCAFC 146; 253 FCR 403 Wentworth v Rogers [2006] NSWCA 145; 66 NSWLR 474