Frigger v Trenfield (No 2) [2021] FCA 1255

Frigger v Trenfield (No 2) [2021] FCA 1255

The applications should be adjourned because a relevant issue in both the summary judgment application and the substantive annulment application was whether approval under s 477(2B) of the Corporations Act 2001 (Cth) was required for the liquidator's costs agreements, and the Supreme Court of Western Australia was already seized of an application concerning whether approval was necessary or should be granted; in those circumstances, and with no opposition, the interests of justice emphatically favoured adjournment.

Jurisdiction
Australia
Judgment Date
18 August 2021
Procedural Posture
Practice and Procedure; Commercial and Corporations; General and Personal Insolvency / Application for Adjournment of the Applicants' Summary Judgment Application and Substantive Annulment Application
Outcome
Adjournment granted; costs reserved.
Legal Topics
['adjournment' 'summary Judgment' 'annulment Application' 'liquidator Approval Under S 477(2 B)' 'bankruptcy Notice' 'sequestration Order']
['practice and Procedure' 'corporations' 'insolvency' 'bankruptcy'] ['adjournment' 'summary Judgment' 'annulment Application' 'liquidator Approval Under S 477(2 B)' 'bankruptcy Notice' 'sequestration Order']

Case Brief

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Procedural Posture

Practice and Procedure; Commercial and Corporations; General and Personal Insolvency / Application for Adjournment of the Applicants' Summary Judgment Application and Substantive Annulment Application

Legal Issues

  1. 1 ["Whether the applicants' summary judgment application and substantive annulment application should be adjourned pending the outcome of Supreme Court of Western Australia proceeding COR 131 of 2021." 'Whether there was a need for the liquidator first to have approval under s 477(2B) of the Corporations Act 2001 (Cth) for entering into costs agreements with solicitors extending for more than three months.']

Ratio Decidendi

The applications should be adjourned because a relevant issue in both the summary judgment application and the substantive annulment application was whether approval under s 477(2B) of the Corporations Act 2001 (Cth) was required for the liquidator's costs agreements, and the Supreme Court of Western Australia was already seized of an application concerning whether approval was necessary or should be granted; in those circumstances, and with no opposition, the interests of justice emphatically favoured adjournment.

Court Disposition

Adjournment granted; costs reserved.

Orders

  • ['Without the leave of a court had and obtained, no person than a party to the proceeding or a legal representative of a party or an officer of a court may inspect or copy or publish in any way the Affidavit of Angela Frigger sworn on 30 June 2021, and filed in the Court on 1 July 2021.' "The Applicants' Interim...