Frigger v Trenfield (No 3) [2021] FCA 1471

Frigger v Trenfield (No 3) [2021] FCA 1471

The deemed interlocutory application to vacate the prior order adjourning the applicants' application was dismissed because the original adjournment was not based on mistake or injustice, and the adjournment application was not opposed; if there was injustice, the proper remedy is to seek leave for extension of time to appeal.

Jurisdiction
Australia
Judgment Date
04 November 2021
Procedural Posture
Interlocutory Application / Determination of Application to Vacate Prior Adjournment Order
Outcome
interlocutory application dismissed
Legal Topics
['interlocutory Applications' 'adjournment' 'vacation of Court Orders' 'costs']
['practice and Procedure' 'commercial and Corporations' 'personal Insolvency'] ['interlocutory Applications' 'adjournment' 'vacation of Court Orders' 'costs']

Case Brief

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Procedural Posture

Interlocutory Application / Determination of Application to Vacate Prior Adjournment Order

Legal Issues

  1. 1 ['Whether the adjournment order made on 18 August 2021 should be vacated' 'Whether injustice was occasioned by failure to refer to Kitay, in the matter of Frigger (No 2) [2018] FCA 1032']

Ratio Decidendi

The deemed interlocutory application to vacate the prior order adjourning the applicants' application was dismissed because the original adjournment was not based on mistake or injustice, and the adjournment application was not opposed; if there was injustice, the proper remedy is to seek leave for extension of time to appeal.

Court Disposition

interlocutory application dismissed

Orders

  • ["The applicants' letter of 20 October 2021 be marked as Exhibit 1." 'Exhibit 1 deemed to be an interlocutory application for the vacation of Order 2 of the Orders made on 18 August 2021.' 'That deemed interlocutory application be dismissed.' 'Applicants have leave to file and serve, on or before 11 November 2021,...