Frigger v Trenfield (Application to Adjourn Final Hearing)

FEDERAL COURT OF AUSTRALIA

Frigger v Trenfield (Application to Adjourn Final Hearing) [2025] FCA 71

File number:	WAD 128 of 2023
Judgment of:	COLVIN J
Date of judgment:	6 February 2025
Date of publication of reasons:	12 February 2025
Catchwords:	PRACTICE AND PROCEDURE - claim that employed trustee in bankruptcy should be removed from office by reason of arrangements with employer concerning administration of bankrupt estates - whether employer of respondent should be joined as second respondent - whether applicants should have leave to further amend statement of claim - whether refusal of subpoena requests should be reconsidered - whether trial should be vacated - consideration of proposed additions to statement of claim - consideration of relevance of subpoena documents - consideration of custodial restrictions on the first applicant affecting the applicants' ability as litigants in person to conduct trial - trial vacated but application otherwise dismissed - costs to be paid by applicants
Cases cited:	Frigger v Trenfield (Application to Amend) [2024] FCA 508
Division:	General Division
Registry:	Western Australia
National Practice Area:	Commercial and Corporations
Sub-area:	Corporations and Corporate Insolvency
Number of paragraphs:	40
Date of hearing:	6 February 2025
Counsel for the Applicants:	The applicants appeared in person
Counsel for the Respondent:	Mr SD Majteles with Mr T Candy and Mr P Smith
Solicitor for the Respondent:	Johnson Winter Slattery

ORDERS

WAD 128 of 2023

BETWEEN:

ANGELA CECILIA THERESA FRIGGER

First Applicant

HARTMUT HUBERT JOSEF FRIGGER

Second Applicant

AND:

KELLY-ANNE LAVINA TRENFIELD

Respondent

ORDER MADE BY:	COLVIN J
DATE OF ORDER:	6 FEBRUARY 2025

THE COURT ORDERS THAT:

1.The hearing dates for the trial of these proceedings to commence on 10 February 2025 be vacated.

2.The final hearing of all issues other than the quantum of any loss and damage or compensation be listed for 5 days commencing on 9 June 2025.

3.The interlocutory application dated 3 February 2025 be otherwise dismissed.

4.Costs of the interlocutory application and any costs thrown away by reason of the adjournment of the trial are to be paid by the applicants in any event.

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

REASONS FOR JUDGMENT

COLVIN J:

1. Ms Kelly-Ann Trenfield is the trustee of the bankrupt estates of Mrs Angela Frigger and Mr Hartmut Frigger.  They have been discharged from their bankruptcy, but the administration of their bankrupt estates is ongoing.

2. Ms Trenfield is an employee of FTI Consulting (Australia) Pty Ltd (FTI).  For some time, work required to be undertaken in the course of the administration of the estates has been performed by Ms Trenfield as well as by other employees of FTI.  The nature of the arrangements between Ms Trenfield and FTI concerning work that is required to be undertaken as part of the administration of the bankrupt estates, as well as the extent of the allocation of work as between Ms Trenfield and other employees of FTI, are matters that are in issue in these proceedings.  However,…