Frigger v Trenfield (No 5) [2020] FCA 827

Frigger v Trenfield (No 5) [2020] FCA 827

The FSF trust deed and minutes were annexed to an affidavit sworn and filed voluntarily by Mrs Frigger when commencing the proceeding. No rule of court, practice direction, court order or other relevant compulsion required the filing of that affidavit or the annexing of those documents. Because the implied undertaking did not attach to the documents, the respondent did not breach any undertaking by sending them to the ATO and was not guilty of the three contempt charges.

Jurisdiction
Australia
Judgment Date
16 June 2020
Procedural Posture
Interlocutory Application Alleging Contempt of Court in a Bankruptcy Proceeding / Hearing of Whether the Respondent Was Guilty of Contempt, With Punishment and Consequential Relief to Be Heard Separately If Necessary
Outcome
Interlocutory application dismissed; respondent not guilty of the three charges of contempt of court.
Legal Topics
['implied Undertaking or Harman Obligation' 'use of Documents Obtained in Proceedings for Collateral or Ulterior Purpose' 'compulsion Required for Implied Undertaking' 'affidavits Filed Voluntarily' 'trustee in Bankruptcy']
['practice and Procedure' 'bankruptcy' 'contempt of Court'] ['implied Undertaking or Harman Obligation' 'use of Documents Obtained in Proceedings for Collateral or Ulterior Purpose' 'compulsion Required for Implied Undertaking' 'affidavits Filed Voluntarily' 'trustee in Bankruptcy']

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Procedural Posture

Interlocutory Application Alleging Contempt of Court in a Bankruptcy Proceeding / Hearing of Whether the Respondent Was Guilty of Contempt, With Punishment and Consequential Relief to Be Heard Separately If Necessary

Legal Issues

  1. 1 ['Whether the respondent breached an implied undertaking to the Court by sending documents annexed to an affidavit filed in the proceeding to the Australian Taxation Office.' 'Whether the affidavit and annexed documents were produced under compulsion by a rule of court, court order or otherwise so as to attract the implied undertaking.' 'Whether the respondent was guilty of three charges of contempt of court.']

Ratio Decidendi

The FSF trust deed and minutes were annexed to an affidavit sworn and filed voluntarily by Mrs Frigger when commencing the proceeding. No rule of court, practice direction, court order or other relevant compulsion required the filing of that affidavit or the annexing of those documents. Because the implied undertaking did not attach to the documents, the respondent did not breach any undertaking by sending them to the ATO and was not guilty of the three contempt charges.

Court Disposition

Interlocutory application dismissed; respondent not guilty of the three charges of contempt of court.

Orders

  • ["The applicants' interlocutory application lodged on 10 April 2020 is dismissed." "The applicants must pay the respondent's costs of the application in any event."]