Frigger v Trenfield (No 8) [2021] FCA 569

Frigger v Trenfield (No 8) [2021] FCA 569

The requirement for the first respondent to comply with the notice to produce dated 29 April 2021 is dispensed with, as the documents sought are not reasonably likely to add to the evidence relevant to the stay application and their production would be disproportionate and not in the interests of justice.

Parties
First Applicant: Angela Cecilia Theresa Frigger; Second Applicant: Hartmut Hubert Josef Frigger; First Respondent: Kelly-Anne Lavina Trenfield; Second Respondent: H & A Frigger Pty Ltd in its capacity as trustee of the Frigger Super Fund
Jurisdiction
Australia
Judgment Date
27 May 2021
Procedural Posture
Interlocutory Application / Post Trial Interlocutory; Application to Set Aside Notice to Produce
Outcome
Interlocutory application by first respondent to set aside notice to produce granted; requirement is dispensed with. Costs of the interlocutory application awarded to the first respondent in any event.
Legal Topics
Notice to Produce, Relevance of Documents, Bankruptcy, Costs Orders
Practice and Procedure Commercial Law Insolvency Notice to Produce Relevance of Documents Bankruptcy Costs Orders

Case Brief

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Parties

Angela Cecilia Theresa Frigger

First Applicant

Hartmut Hubert Josef Frigger

Second Applicant

Kelly-Anne Lavina Trenfield

First Respondent

H & A Frigger Pty Ltd in its capacity as trustee of the Frigger Super Fund

Second Respondent

Procedural Posture

Interlocutory Application / Post Trial Interlocutory; Application to Set Aside Notice to Produce

Legal Issues

  1. 1 Whether the documents sought by the notice to produce are relevant to the stay application
  2. 2 Whether the requirement to comply with the notice to produce should be dispensed with

Ratio Decidendi

The requirement for the first respondent to comply with the notice to produce dated 29 April 2021 is dispensed with, as the documents sought are not reasonably likely to add to the evidence relevant to the stay application and their production would be disproportionate and not in the interests of justice.

Court Disposition

Interlocutory application by first respondent to set aside notice to produce granted; requirement is dispensed with. Costs of the interlocutory application awarded to the first respondent in any event.

Orders

  • Pursuant to rule 1.34 of the Federal Court Rules 2011 (Cth), any requirement for the first respondent to comply with the notice to produce dated 29 April 2021 is dispensed with.
  • The applicants must pay the first respondent's costs of the interlocutory application dated 6 May 2021 in any event.