Frigger v Banning (No 7) [2018] FCA 1074

Frigger v Banning (No 7) [2018] FCA 1074

Leave to file the proposed statement of claim was refused because it did not comply with the orders made on 16 March 2018, included arguments and claims rather than relevant facts, repeated some claims previously found to be an abuse of process, made collateral attacks on decisions concerning a deed of company arrangement and costs orders in the Supreme Court of Western Australia, characterised conduct as false or unlawful contrary to the orders, sought relief against non-parties, and did not express the applicants' claims clearly enough for the matter to proceed fairly to the respondents.

Jurisdiction
Australia
Judgment Date
17 July 2018
Procedural Posture
Commercial and Corporations; Corporations and Corporate Insolvency / Application for Leave to File a Proposed Statement of Claim After the Former Pleading Was Struck Out
Outcome
Application for leave to file the proposed statement of claim filed 10 April 2018 dismissed; applicants given a further opportunity to file and serve a signed minute of proposed statement of claim; costs ordered against the applicants on the pleading applications; interlocutory injunction application adjourned.
Legal Topics
['pleadings' 'strike Out' 'abuse of Process' 'collateral Attack' 'deed of Company Arrangement' 'costs Orders' 'interlocutory Injunction']
['civil Procedure' 'corporations' 'corporate Insolvency'] ['pleadings' 'strike Out' 'abuse of Process' 'collateral Attack' 'deed of Company Arrangement' 'costs Orders' 'interlocutory Injunction']

Case Brief

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Procedural Posture

Commercial and Corporations; Corporations and Corporate Insolvency / Application for Leave to File a Proposed Statement of Claim After the Former Pleading Was Struck Out

Legal Issues

  1. 1 ['Whether leave should be given to file the proposed statement of claim filed 10 April 2018.' 'Whether the proposed statement of claim complied with the orders made on 16 March 2018 and with the requirements for a proper pleading.' 'Whether the proposed statement of claim repeated claims previously found to be an abuse of process or made collateral attacks on decisions in other proceedings.' 'Whether the proposed statement of claim sought relief against persons who were not parties and failed to state the claims with sufficient clarity and fairness to the respondents.']

Ratio Decidendi

Leave to file the proposed statement of claim was refused because it did not comply with the orders made on 16 March 2018, included arguments and claims rather than relevant facts, repeated some claims previously found to be an abuse of process, made collateral attacks on decisions concerning a deed of company arrangement and costs orders in the Supreme Court of Western Australia, characterised conduct as false or unlawful contrary to the orders, sought relief against non-parties, and did not express the applicants' claims clearly enough for the matter to proceed fairly to the respondents.

Court Disposition

Application for leave to file the proposed statement of claim filed 10 April 2018 dismissed; applicants given a further opportunity to file and serve a signed minute of proposed statement of claim; costs ordered against the applicants on the pleading applications; interlocutory injunction application adjourned.

Orders

  • ['The application for leave to file a statement of claim in terms of the minute of proposed statement of claim filed 10 April 2018 be dismissed.' 'The applicants do file and serve a signed minute of proposed statement of claim by 28 August 2018.' 'If the minute is prepared and signed by Mr and Mrs Frigger personally...