Frigger & Anor v Trenfield

FRIGGER & ANOR
v
TRENFIELD
[2023] HCASL 110
P10/2023

The applicants seek special leave to appeal from a decision of the Full Court of the Federal Court of Australia (Allsop CJ, Anderson and Feutrill JJ) dismissing the applicants' appeal from a decision of the Federal Court of Australia (Jackson J). There is no reason to doubt the correctness of the decision of the Full Court and the application raises no question of law of public importance. Accordingly, special leave should be refused.
In those circumstances, the applicants' further application seeking a stay of the orders of the Full Court pending determination of the applicants' special leave application should also be dismissed.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the applications.

J.J. Edelman J.S. Gleeson

3 August 2023

CaseChat Overview and Summary

The applicants in this case, Frigger and another, sought special leave to appeal from a decision of the Full Court of the Federal Court of Australia, which had dismissed their appeal from an earlier decision of a single judge. The appeal before the High Court was from the Full Court's decision to refuse the applicants leave to appeal, and the applicants also sought a stay of the orders of the Full Court pending the determination of their special leave application. The primary legal issue before the High Court was whether the Full Court's decision was correct and whether the application raised any questions of law of public importance that warranted the grant of special leave.

The High Court, in its consideration, determined that there was no reason to doubt the correctness of the decision of the Full Court. The Court found that the applicants' appeal did not raise any questions of law of public importance. Consequently, the Court held that the application for special leave should be refused. The Court also dismissed the applicants' further application seeking a stay of the orders of the Full Court pending the determination of the special leave application. The Court found that the circumstances did not warrant a stay of the Full Court's orders.

In conclusion, the High Court dismissed both the application for special leave and the application for a stay of the Full Court's orders. The Court found no grounds to doubt the correctness of the Full Court's decision and determined that the application did not raise any questions of law of public importance. The Court further found that there were no circumstances that warranted a stay of the Full Court's orders pending the determination of the special leave application. The Court directed the Registrar to draw up, sign, and seal an order dismissing the applications.

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