Frigger v Trenfield (No 4) [2021] FCA 1472

Frigger v Trenfield (No 4) [2021] FCA 1472

The applicants' deemed interlocutory application was ill-considered and unnecessary, no breach of ss 37M or 37N by the second respondent or those advising him was proved, and the other parties had been put to unnecessary expense. Costs should therefore follow the event. Because the first respondent exposed no foundation for fixing costs at $1,000.00, the costs should instead be fixed by a Registrar if not agreed.

Jurisdiction
Australia
Judgment Date
24 November 2021
Procedural Posture
Costs in Interlocutory Application in a General and Personal Insolvency Proceeding / Heard on the Papers After Dismissal on 4 November 2021 of the Applicants' Deemed Interlocutory Application Seeking to Vacate the 18 August 2021 Adjournment Order
Outcome
The applicants were ordered to pay the respondents' costs of and incidental to the dismissal on 4 November 2021 of their deemed interlocutory application, to be fixed by a Registrar if not agreed.
Legal Topics
['costs Following the Event' 'interlocutory Application' 'adjournment Pending Supreme Court of Western Australia Proceeding' 'overarching Purpose and Duties in Civil Practice and Procedure']
['costs' 'insolvency' 'federal Court Procedure'] ['costs Following the Event' 'interlocutory Application' 'adjournment Pending Supreme Court of Western Australia Proceeding' 'overarching Purpose and Duties in Civil Practice and Procedure']

Case Brief

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Procedural Posture

Costs in Interlocutory Application in a General and Personal Insolvency Proceeding / Heard on the Papers After Dismissal on 4 November 2021 of the Applicants' Deemed Interlocutory Application Seeking to Vacate the 18 August 2021 Adjournment Order

Legal Issues

  1. 1 ["Whether the applicants should pay the respondents' costs of and incidental to the dismissal of their deemed interlocutory application." 'Whether the second respondent or those advising him breached duties under ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth).' "Whether the first respondent's proposed fixed costs amount of $1,000.00 should be ordered."]

Ratio Decidendi

The applicants' deemed interlocutory application was ill-considered and unnecessary, no breach of ss 37M or 37N by the second respondent or those advising him was proved, and the other parties had been put to unnecessary expense. Costs should therefore follow the event. Because the first respondent exposed no foundation for fixing costs at $1,000.00, the costs should instead be fixed by a Registrar if not agreed.

Court Disposition

The applicants were ordered to pay the respondents' costs of and incidental to the dismissal on 4 November 2021 of their deemed interlocutory application, to be fixed by a Registrar if not agreed.

Orders

  • ["The applicants pay the respondents' costs of and incidental to the dismissal on 4 November 2021 of their deemed interlocutory application, to be fixed by a Registrar if not agreed."]