Frigger v Trenfield (Application to Adjourn Final Hearing) [2025] FCA 71

Frigger v Trenfield (Application to Adjourn Final Hearing) [2025] FCA 71

The circumstances faced by Mrs Frigger in custody justified the adjournment of the final hearing to avoid prejudice, but the applicants failed to establish sufficient basis to join FTI as a respondent or to amend the statement of claim as sought. The subpoenas were properly refused as irrelevant on the current pleadings. Costs of the application and any thrown away by adjournment are to be paid by the applicants.

Parties
First Applicant: Angela Cecilia Theresa Frigger; Second Applicant: Hartmut Hubert Josef Frigger; Respondent: Kelly-Anne Lavina Trenfield
Jurisdiction
Australia
Judgment Date
06 February 2025
Procedural Posture
Interlocutory Application in Bankruptcy Administration Proceeding / Application to Adjourn Final Hearing and Amend Proceeding
Outcome
Application to vacate trial was granted; all other relief, including to join FTI and amend the statement of claim, was dismissed. Costs awarded against the applicants.
Legal Topics
Application to Adjourn Hearing, Amendment of Statement of Claim, Joinder of Party, Relevance of Subpoenas, Costs
Practice and Procedure Bankruptcy Corporations Application to Adjourn Hearing Amendment of Statement of Claim Joinder of Party Relevance of Subpoenas Costs

Case Brief

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Parties

Angela Cecilia Theresa Frigger

First Applicant

Hartmut Hubert Josef Frigger

Second Applicant

Kelly-Anne Lavina Trenfield

Respondent

Procedural Posture

Interlocutory Application in Bankruptcy Administration Proceeding / Application to Adjourn Final Hearing and Amend Proceeding

Legal Issues

  1. 1 Whether the trial should be adjourned due to applicant's custodial restrictions
  2. 2 Whether FTI Consulting Pty Ltd should be joined as second respondent
  3. 3 Whether leave should be granted to further amend the statement of claim to add claims, including fraud, against FTI Consulting

Ratio Decidendi

The circumstances faced by Mrs Frigger in custody justified the adjournment of the final hearing to avoid prejudice, but the applicants failed to establish sufficient basis to join FTI as a respondent or to amend the statement of claim as sought. The subpoenas were properly refused as irrelevant on the current pleadings. Costs of the application and any thrown away by adjournment are to be paid by the applicants.

Court Disposition

Application to vacate trial was granted; all other relief, including to join FTI and amend the statement of claim, was dismissed. Costs awarded against the applicants.

Orders

  • The hearing dates for the trial commencing 10 February 2025 are vacated.
  • The final hearing of all issues (other than quantum) is listed for 5 days commencing 9 June 2025.