Frigger v Trenfield (No 5) [2022] FCA 531

Frigger v Trenfield (No 5) [2022] FCA 531

The interests of justice required adjournment of the application for leave to amend the originating application, pending determination of proceedings in the Supreme Court of Western Australia, as the substantive position had not sufficiently changed since a prior adjournment.

Jurisdiction
Australia
Judgment Date
05 April 2022
Procedural Posture
Application for Leave to Amend Originating Application / Case Management Hearing; Interlocutory Stage
Outcome
Application adjourned to a date to be fixed
Legal Topics
['leave to Amend Originating Application' 'adjournment' 'sequestration Orders' 'bankruptcy' 'damages for Alleged Malicious Prosecution' 'civil Conspiracy']
['practice and Procedure' 'commercial Law' 'corporations Law' 'personal Insolvency'] ['leave to Amend Originating Application' 'adjournment' 'sequestration Orders' 'bankruptcy' 'damages for Alleged Malicious Prosecution' 'civil Conspiracy']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Amend Originating Application / Case Management Hearing; Interlocutory Stage

Legal Issues

  1. 1 ['Whether leave should be given to amend the originating application' 'Whether the hearing should be adjourned pending determination of related proceedings in the Supreme Court of Western Australia']

Ratio Decidendi

The interests of justice required adjournment of the application for leave to amend the originating application, pending determination of proceedings in the Supreme Court of Western Australia, as the substantive position had not sufficiently changed since a prior adjournment.

Court Disposition

Application adjourned to a date to be fixed

Orders

  • ['Leave granted for applicants to file the affidavit of Angela Cecilia Frigger and submissions.' 'Hearing of whether leave should be granted to amend originating application adjourned to a date to be fixed.' 'Costs reserved.']