Frigger v Bank of Queensland [2022] FCA 707

Frigger v Bank of Queensland [2022] FCA 707

Dismissal orders for interlocutory applications were not vacated as the applicants' absence was not sufficiently explained and the issue of injunctions had already been previously determined. No breach of undertakings by the trustee was evidenced. Costs are awarded to respondents due to compensatory nature and attendance at hearings.

Jurisdiction
Australia
Judgment Date
30 May 2022
Procedural Posture
Interlocutory Application / Application to Vacate Dismissal and for Injunctions
Outcome
Applications dismissed
Legal Topics
['interlocutory Applications' 'injunctions' 'costs' 'vacating Dismissal' 'bankrupt Estate Administration']
['practice and Procedure' 'bankruptcy' 'commercial Law'] ['interlocutory Applications' 'injunctions' 'costs' 'vacating Dismissal' 'bankrupt Estate Administration']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Vacate Dismissal and for Injunctions

Legal Issues

  1. 1 ['Whether dismissal of interlocutory applications should be vacated' 'Whether injunctions restraining transfer of funds and shares should be granted' 'Whether there was a breach of court undertakings' 'Whether costs should be awarded to respondents']

Ratio Decidendi

Dismissal orders for interlocutory applications were not vacated as the applicants' absence was not sufficiently explained and the issue of injunctions had already been previously determined. No breach of undertakings by the trustee was evidenced. Costs are awarded to respondents due to compensatory nature and attendance at hearings.

Court Disposition

Applications dismissed

Orders

  • ['Application to vacate dismissal of interlocutory application lodged on 1 December 2021 dismissed.' 'Oral application to impeach/question adherence by second respondent to undertaken given to Court on 16 December 2021 dismissed.' 'Costs of second respondent as fixed by Registrar form part of bankruptcy.'...