Frigger v Banning (Application to set aside Security for Costs Order)

FEDERAL COURT OF AUSTRALIA

Frigger v Banning (Application to set aside Security for Costs Order) [2025] FCA 1056

File number:

WAD 607 of 2015

Judgment of:

COLVIN J

Date of judgment:

3 September 2025

Catchwords:

PRACTICE AND PROCEDURE - application to set aside security for costs and stay of proceedings orders - where applicants seek to advance a review of taxation application in proceedings - whether there was a flawed factual premise for making the orders - whether there has been an abuse of process - where underlying basis for orders was applicants' litigation history regarding costs of proceedings - where no demonstrable basis found to set aside orders - application refused

Cases cited:

Frigger v Banning (Application for Security for Costs on Review of Taxation) [2024] FCA 1207

Frigger v Banning (No 11) [2020] FCA 1257

Division:

General Division

Registry:

Western Australia

National Practice Area:

Commercial and Corporations

Sub-area:

Corporations and Corporate Insolvency

Number of paragraphs:

13

Date of hearing:

Determined on the papers

Counsel for the Applicants:

The applicants appeared in person

Solicitor for the Respondents:

Eastwood Law

ORDERS

WAD 607 of 2015

BETWEEN:

ANGELA CECILIA THERESA FRIGGER

First Applicant

HARTMUT HUBERT JOSEF FRIGGER

Second Applicant

AND:

SANDRA MAY BANNING

First Respondent

ANN MARION CAMPBELL-SMITH IN HER CAPACITY AS EXECUTOR OF THE ESTATE OF DONALD CAMPBELL‑SMITH

Second Respondent

PROFESSIONAL SERVICES OF AUSTRALIA PTY LTD (ACN 082 879 641)

Third Respondent

BANNING HOLDINGS PTY LTD (ACN 009 006 437)
Fourth Respondent

ORDER MADE BY:	COLVIN J
DATE OF ORDER:	3 SEPTEMBER 2025

THE COURT ORDERS THAT:

1.The applicants' interlocutory application dated 5 August 2025 be heard and determined without an oral hearing.

2.The interlocutory application is refused.

3.The applicants pay the respondents' costs of the interlocutory application.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

COLVIN J:

1. In 2015, Mrs and Mr Frigger commenced Corporations Act proceedings in this Court against various parties in which they sought, amongst other things, compensation.  The amount of compensation that they claimed was calculated to include amounts that they had been ordered to pay pursuant to various costs orders made in proceedings brought in other courts.  On 2 September 2020, the proceedings in this Court were dismissed.  Orders were made for Mrs and Mr Frigger to pay the costs of the proceedings:  Frigger v Banning (No 11) [2020] FCA 1257. Since then, the costs have been taxed at $160,098.41.

2. On 3 July 2024, Mrs and Mr Frigger applied to review the taxation.  They challenge all 598 items that were submitted in the bill.

3. The respondents sought and obtained an order for security for costs of the review application:  Frigger v Banning (Application for Security for Costs on Review of Taxation) [2024] FCA 1207. The required security was $10,000. It has not been provided.

4. It appears that leave was sought to appeal against the order requiring security to be paid but that application now has been discontinued or withdrawn.

5. Amongst…