Frigger v Professional Services of Australia Pty Ltd

This case involves an application by five defendants for summary judgment against two plaintiffs, Angela Frigger and Hartmut Frigger, in proceedings brought in the Supreme Court of Western Australia. The defendants, who include a company and several individuals, contend that the plaintiffs' claims against them are without merit and are statute-barred. The plaintiffs, who appeared in person, are directors and shareholders of a now-liquidated company, Computer Accounting and Tax Pty Ltd (CAT), and seek damages and costs related to various legal proceedings involving CAT and its directors.

The legal issues before the court were whether the plaintiffs' claims against the defendants disclosed a cause of action and whether the claims were statute-barred. The court considered the pleadings and submissions from both sides, noting the plaintiffs' extensive experience as litigants but also their lack of legal qualification, which required some leniency in interpreting their pleadings. However, the court emphasised that a pleading which fails to disclose a cause of action cannot be saved by any deficiencies in style or presentation.

The court found that the plaintiffs' claims against the first and second defendants, the company and its director, were based on incorrect assumptions about the company's directorship requirements and the validity of certain resolutions and documents. The court determined that the company had not breached any statutory obligations and that the resolutions and documents in question were valid. Consequently, the plaintiffs' claims based on these errors were unfounded.

Furthermore, the court found that the plaintiffs' claims against the third, fourth, and fifth defendants, who are legal practitioners, were barred by the statute of limitations. The plaintiffs had not pleaded any facts that could warrant an extension of the limitation period. Additionally, the court noted that the plaintiffs' bankruptcy, which occurred before they filed the writ of summons, meant that any causes of action they might have had against the third, fourth, and fifth defendants had vested in their bankruptcy trustee and could not be pursued by the plaintiffs personally.

The court concluded that the plaintiffs' claims were without merit and were statute-barred. It granted summary judgment to all defendants and ordered the plaintiffs to pay the defendants' costs.

The final orders of the court will be published after each party files a minute of orders they seek.