ANGELA CECILIA THERESA FRIGGER HARTMUT HUBERT JOSEF FRIGGER -v- MERVYN... [2024] WASC 375 | Case summary

ANGELA CECILIA THERESA FRIGGER HARTMUT HUBERT JOSEF FRIGGER -v- MERVYN... [2024] WASC 375 | Case summary | Zoe

The springing order is sought as a result of the non-compliance with the order made by Allanson J on 25 October 2022, by which his Honour made a security for costs order against Mrs Frigger in this proceeding. The order which was made required that Mrs Frigger give security for the Liquidator's costs of defending the interlocutory process which Mrs Frigger had filed on 19 October 2020, in the sum of $15,000. The order required the sum be paid into court within 14 days of the date of delivery of judgement by Hill J in COR 131 of 2021, to be deposited by the Registrar into an interest bearing account. The process was stayed in the meantime.
The interlocutory process filed by Mrs Frigger sought orders to set aside the earlier confidentiality orders made by the Court, among other things.
Hill J delivered judgment in COR 131 of 2021 on 10 April 2024.[2] Her Honour's supplementary reasons as to costs were delivered on 23 May 2024.[3] Far more than 14 days has now elapsed since then. I am satisfied that Mrs Frigger has failed to pay the amount required by Allanson J's security for costs order.
The earlier springing order to which I have referred above was made in relation to a security for costs order issued by Smith J on 24 March 2023. The orders of Allanson J and Smith J, to which the present and the earlier application relate, arise from a similar pattern of conduct on the part of Mrs Frigger, by which interlocutory processes have been filed in this proceeding seeking forms of relief which lack merit and which would expose the Liquidator to costs burdens in defending those processes. The imposition of security for costs orders has been intended to achieve the result of staying the processes in question until such time as Mrs Frigger has satisfied the order and provided the Liquidator with appropriate security for his costs.
In response to the earlier springing order application, I observed there had been a history on the part of Mrs Frigger in failing to comply with costs orders (at [26] and [34]).
On the basis of the affidavit of David William John sworn 2 July 2024 which has been filed by the Liquidator in support of the present springing order application, and having regard to the written submissions filed on behalf of the Liquidator dated 14 August 2024, I am persuaded this further springing order should be made.
The following matters in particular support the order which is sought, which recognise the need for proceedings before the Court to be undertaken efficiently and without unnecessary delay, and for the proper utilisation of the Court's limited resources:

ANGELA CECILIA THERESA FRIGGER HARTMUT HUBERT JOSEF FRIGGER -v- MERVYN JONATHAN KITAY in his capacity as liquidator of COMPUTER ACCOUNTING AND TAX PTY LTD (In Liq) and COMPUTER ACCOUNTING AND TAX PTY LTD (In Liq) [No 9] [2024] WASC 375 (11 October 2024)

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Before

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Judgment (9 paragraphs)