Frigger v Murfett Legal Pty Ltd [2018] FCA 591

Frigger v Murfett Legal Pty Ltd [2018] FCA 591

The applicants' claim to set aside the bankruptcy notice is unarguable as prior proceedings have resolved the reasonableness and validity of Murfett Legal's actions, any alleged claim for damages or under consumer credit legislation or Legal Profession Act is excluded or concluded by estoppel, and there is no abuse of process. The application must therefore be dismissed with costs.

Jurisdiction
Australia
Judgment Date
01 May 2018
Procedural Posture
Bankruptcy Application / Judgment on Application to Set Aside Bankruptcy Notice
Outcome
Application dismissed with costs
Legal Topics
['bankruptcy Notice' 'set Aside Application' 'damages Claim Under Undertaking' 'reasonableness of Caveat' 'consumer Credit Code Applicability' 'legal Profession Act—security for Costs']
['bankruptcy and Insolvency'] ['bankruptcy Notice' 'set Aside Application' 'damages Claim Under Undertaking' 'reasonableness of Caveat' 'consumer Credit Code Applicability' 'legal Profession Act—security for Costs']

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Procedural Posture

Bankruptcy Application / Judgment on Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 ['Whether the applicants have a valid counterclaim or set-off entitling them to set aside the bankruptcy notice' 'Whether there is an entitlement to damages pursuant to a prior undertaking by Murfett Legal' 'Applicability of the National Credit Code or Legal Profession Act to the security taken by Murfett Legal' 'Whether there has been an abuse of process in issuing the bankruptcy notice']

Ratio Decidendi

The applicants' claim to set aside the bankruptcy notice is unarguable as prior proceedings have resolved the reasonableness and validity of Murfett Legal's actions, any alleged claim for damages or under consumer credit legislation or Legal Profession Act is excluded or concluded by estoppel, and there is no abuse of process. The application must therefore be dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • ['The application to set aside the Bankruptcy Notice be dismissed.' 'The applicants pay the costs of the respondent to be assessed if not agreed.']