FEDERAL COURT OF AUSTRALIA
Frigger v Trenfield (No 3) [2020] FCA 150
File number: WAD 141 of 2019 Judge: JACKSON J Date of judgment: 17 February 2020 Catchwords: PRACTICE AND PROCEDURE - application for leave to amend originating application - discretion to grant leave - application dismissed Legislation: Federal Court of Australia Act 1976 (Cth) s 37M
Insolvency Practice Rules (Bankruptcy) 2016 (Cth) rr 42‑10, 42‑15
Cases cited: Frigger v Trenfield [2019] FCA 1746
Frigger v Trenfield (No 2) [2019] FCA 2009
Rush v Nationwide News Pty Ltd (No 2) [2018] FCA 550; (2018) 359 ALR 564
Date of hearing: 17 February 2020 Registry: Western Australia Division: General Division National Practice Area: Commercial and Corporations Sub-area: General and Personal Insolvency Category: Catchwords Number of paragraphs: 16 Counsel for the Applicants: The applicants appeared in person Counsel for the Respondents: Mr SD Majteles Solicitor for the Respondents: Carles Solicitors ORDERS
WAD 141 of 2019 BETWEEN: ANGELA CECILIA THERESA FRIGGER
First Applicant
HARTMUT HUBERT JOSEF FRIGGER
Second Applicant
AND: KELLY-ANNE TRENFIELD
First Respondent
PAUL ANTHONY ALLEN
Second Respondent
JUDGE:
JACKSON J
DATE OF ORDER:
17 FEBRUARY 2020
THE COURT ORDERS THAT:
1.The applicant's interlocutory application for leave to amend the originating application to include a defamation claim is dismissed.
2.Costs are reserved.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
(Edited from the transcript)JACKSON J:
The applicants have applied for leave to amend the originating application in these proceedings. They wish to add a claim for what are described as non‑economic damages for defamatory imputations alleged to have been published in a letter which the first respondent, Ms Trenfield, sent to the Australian Financial Complaints Authority on 27 September 2019.
The background to, and issues in the present proceeding, have been comprehensively described in Frigger v Trenfield [2019] FCA 1746 and Frigger v Trenfield (No 2) [2019] FCA 2009, and I will not repeat those descriptions here. Suffice to say that the present issues do not include any question of defamation, although for reasons I will mention, there is some overlap between the issues that are raised by the proposed defamation claim and the present issues in the proceedings.
It is not necessary to go into the content of the letter of 27 September 2019, which was before the court, or the nature of the defamatory imputations with the Friggers wish to allege arise from that letter, in any detail. The letter was sent in response to a complaint which the Friggers sought to make to the Australian Financial Complaints Authority in relation to the conduct of Commonwealth Securities Limited (CommSec) in respect of the share portfolio administered by that company, which is described in more detail, in particular, in Frigger v Trenfield (No 1).
The applicants say that in that letter, Ms Trenfield made statements concerning the beneficial ownership of the shares which are comprised in the ComSec portfolio, which were capable of…
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- AGLC
- Frigger v Trenfield (No 3) [2019] FCA 1746
- Case
- [2020] FCA 150
- Decision Date
CaseChat Overview and Summary
The court had to decide whether to exercise its discretion to grant the applicant leave to amend the originating application. The primary issue was whether the amendment would cause an unjustifiable delay or would prejudice the respondent. The court considered the principles governing amendments to pleadings and weighed the merits of allowing the amendment against potential prejudice to the respondent.
The court found that granting the leave to amend would cause an unjustifiable delay and would prejudice the respondent. The court emphasised the importance of avoiding unnecessary delays in litigation and the potential unfairness to the respondent if the amendment was allowed. Consequently, the court dismissed the application for leave to amend the originating application. The court reserved the costs, indicating that a final determination on costs would be made at a later stage.
Orders
Orders of the court
1. The applicant's interlocutory application for leave to amend the originating application to include a defamation claim is dismissed.
2. Costs are reserved.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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