Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in Liq) (No 3) [2021] FCA 21

Frigger, in the matter of Computer Accounting & Tax Pty Ltd (in Liq) (No 3) [2021] FCA 21

The affidavit from Mr and Mrs Frigger should be accepted for filing as an affidavit in opposition to the application to dismiss the proceedings, but the interlocutory application should not be accepted for filing due to the stay order and the fact that it seeks to raise matters outside the scope of the present proceedings.

Jurisdiction
Australia
Judgment Date
25 January 2021
Procedural Posture
Corporations and Corporate Insolvency / Interlocutory Application Prior to Hearing of Application to Dismiss Proceedings
Outcome
Interlocutory application not to be accepted for filing; affidavit accepted for filing as opposition to application to dismiss
Legal Topics
['security for Costs' 'stay of Proceedings' 'filing Directions']
['corporate Insolvency'] ['security for Costs' 'stay of Proceedings' 'filing Directions']

Case Brief

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Procedural Posture

Corporations and Corporate Insolvency / Interlocutory Application Prior to Hearing of Application to Dismiss Proceedings

Legal Issues

  1. 1 ["Whether the plaintiffs' interlocutory application should be accepted for filing given the stay order" "Whether the plaintiffs' affidavit should be accepted for filing in the context of an application to dismiss proceedings"]

Ratio Decidendi

The affidavit from Mr and Mrs Frigger should be accepted for filing as an affidavit in opposition to the application to dismiss the proceedings, but the interlocutory application should not be accepted for filing due to the stay order and the fact that it seeks to raise matters outside the scope of the present proceedings.

Court Disposition

Interlocutory application not to be accepted for filing; affidavit accepted for filing as opposition to application to dismiss

Orders

  • ['Pursuant to r 2.27(e) of the Federal Court Rules 2011 (Cth) the proposed interlocutory application by the plaintiffs received by the Registry on 20 January 2021 not be accepted for filing.']