Frigger v Mervyn Jonathan Kitay as liquidator of Computer Accounting & Tax Pty Ltd

The plaintiff, Angela Frigger, brought an action against Mervyn Kitay, the liquidator of Computer Accounting & Tax Pty Ltd, seeking various orders and damages related to assets of the Frigger Super Fund and losses allegedly suffered by the fund. The liquidator sought to have the application struck out or dismissed, arguing that the court lacked the power to order the relief sought under the Insolvency Practice Schedule (Corporations) of the Corporations Act 2001 and that the plaintiff lacked standing to bring the application. The court found that the claims for damages were not claims for orders that come within the power in s 90-15 and that the plaintiff lacked standing to bring the application as she was one of multiple trustees and could not act unilaterally. The application was struck out.