Frigger, in the matter of an application by Frigger [2019] FCA 1730

Frigger, in the matter of an application by Frigger [2019] FCA 1730

Leave and the SIS Act orders were justified because the Company was a proprietary company whose only activity was acting as trustee of the Frigger Super Fund, it had no creditors or employees, its directors and shareholders supported the application, the relevant beneficiaries supported or were within the small affected family group, there was no evidence of mismanagement of the fund, the trustees in bankruptcy did not oppose, and the applicants needed to be directors if the fund was to continue as a self managed superannuation fund. However, concerns arising from the circumstances of the bankruptcy and the substantial volume of litigation involving the applicants meant that the...

Jurisdiction
Australia
Judgment Date
21 October 2019
Procedural Posture
Application for Leave to Manage a Corporation Under S 206 G(1) of the Corporations Act 2001 (cth) and for an Order Under S 126 J(1)(b) of the Superannuation Industry (supervision) Act 1993 (cth) / Judgment on Application
Outcome
Application granted subject to condition.
Legal Topics
['disqualification From Managing Corporations' 'leave for Bankrupts to Manage Corporation' 'self Managed Superannuation Fund' 'disqualified Person Under Superannuation Industry (supervision) Act 1993 (cth)' 'conditions on Leave']
['corporations' 'superannuation' 'bankruptcy'] ['disqualification From Managing Corporations' 'leave for Bankrupts to Manage Corporation' 'self Managed Superannuation Fund' 'disqualified Person Under Superannuation Industry (supervision) Act 1993 (cth)' 'conditions on Leave']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Manage a Corporation Under S 206 G(1) of the Corporations Act 2001 (cth) and for an Order Under S 126 J(1)(b) of the Superannuation Industry (supervision) Act 1993 (cth) / Judgment on Application

Legal Issues

  1. 1 ['Whether Hartmut Hubert Josef Frigger and Angela Cecilia Theresa Frigger should be granted leave under s 206G(1) of the Corporations Act 2001 (Cth) to manage H & A Frigger Pty Ltd while undischarged bankrupts.' 'Whether each applicant should be declared not to be a disqualified person in relation to H & A Frigger Pty Ltd and the Frigger Super Fund under s 126J(1)(b) of the Superannuation Industry (Supervision) Act 1993 (Cth).' 'Whether any leave or order should be subject to a condition limiting the activities of H & A Frigger Pty Ltd.']

Ratio Decidendi

Leave and the SIS Act orders were justified because the Company was a proprietary company whose only activity was acting as trustee of the Frigger Super Fund, it had no creditors or employees, its directors and shareholders supported the application, the relevant beneficiaries supported or were within the small affected family group, there was no evidence of mismanagement of the fund, the trustees in bankruptcy did not oppose, and the applicants needed to be directors if the fund was to continue as a self managed superannuation fund. However, concerns arising from the circumstances of the bankruptcy and the substantial volume of litigation involving the applicants meant that the...

Court Disposition

Application granted subject to condition.

Orders

  • ['Pursuant to s 206G(1)(c) of the Corporations Act 2001 (Cth), and subject to the condition in paragraph 2 of these orders, Hartmut Hubert Josef Frigger and Angela Cecilia Theresa Frigger (the Applicants) have leave to manage H & A Frigger Pty Ltd (ACN 156 617 864) (the Company).' 'Until such time as both of the...