Frigger v Banning (No 10) [2019] FCA 1664

Frigger v Banning (No 10) [2019] FCA 1664

Because the applicants were undischarged bankrupts and the proceedings were stayed under s 60 of the Bankruptcy Act 1966 (Cth) and deemed abandoned by their trustee, accepting an interlocutory application seeking to revisit costs orders and obtain declaratory relief would defeat the effect of the statutory stay. The authorities relied on by the applicants concerned different circumstances involving creditors' proceedings or appeals from judgments founding bankruptcy notices and did not justify acceptance of the application. In any event, the applicants could not properly seek final declaratory relief as to lawyers' rights to charge respondents by interlocutory application, the Court had...

Jurisdiction
Australia
Judgment Date
09 October 2019
Procedural Posture
Practice and Procedure; Interlocutory Application in Corporations and Corporate Insolvency Proceedings / Determined on the Papers Whether Proposed Interlocutory Application Should Be Accepted for Filing
Outcome
Proposed interlocutory application not accepted for filing.
Legal Topics
['statutory Stay of Proceedings' 'acceptance of Documents for Filing' 'interlocutory Application' 'costs Orders' 'undischarged Bankrupts']
['practice and Procedure' 'bankruptcy' 'corporations and Corporate Insolvency'] ['statutory Stay of Proceedings' 'acceptance of Documents for Filing' 'interlocutory Application' 'costs Orders' 'undischarged Bankrupts']

Case Brief

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Procedural Posture

Practice and Procedure; Interlocutory Application in Corporations and Corporate Insolvency Proceedings / Determined on the Papers Whether Proposed Interlocutory Application Should Be Accepted for Filing

Legal Issues

  1. 1 ['Whether the proposed interlocutory application should be accepted for filing despite the statutory stay of proceedings under s 60 of the Bankruptcy Act 1966 (Cth).' 'Whether r 2.27(e) of the Federal Court Rules 2011 (Cth) should be invoked to direct that the proposed interlocutory application not be accepted for filing.' 'Whether the applicants could seek declaratory relief concerning costs charged by lawyers to respondents and alleged conflicts of interest by interlocutory application in the stayed proceedings.']

Ratio Decidendi

Because the applicants were undischarged bankrupts and the proceedings were stayed under s 60 of the Bankruptcy Act 1966 (Cth) and deemed abandoned by their trustee, accepting an interlocutory application seeking to revisit costs orders and obtain declaratory relief would defeat the effect of the statutory stay. The authorities relied on by the applicants concerned different circumstances involving creditors' proceedings or appeals from judgments founding bankruptcy notices and did not justify acceptance of the application. In any event, the applicants could not properly seek final declaratory relief as to lawyers' rights to charge respondents by interlocutory application, the Court had...

Court Disposition

Proposed interlocutory application not accepted for filing.

Orders

  • ['Pursuant to r 2.27(e) of the Federal Court Rules 2011 (Cth) the proposed interlocutory application by the applicants received by the Registry on 1 October 2019 not be accepted for filing.']