Frigger v Mervyn Jonathon Kitay as Liquidator of Computer Accounting & Tax Pty Ltd [No 18] [2026] WASC 485 — Practice And Procedure & New And Fresh Evidence — Barrister AI
Frigger v Mervyn Jonathon Kitay as Liquidator of Computer Accounting & Tax Pty Ltd [No 18]
Application for leave to reopen chamber summons and lead additional evidence
New and fresh evidence
Whether confidential affidavit and transcript are new or fresh evidence
Quick Take
1An individual becomes a 'disqualified person' under s 120(1)(a)(i) of the Superannuation Industry (Supervision) Act 1993 (Cth) automatically, by operation of law, on conviction of an offence in respect of dishonest conduct. No disqualification decision by the Regulator is required. An offence under s 169(1) of the Criminal Code (WA) is such an offence because its elements of falsity and knowledge fall within the ordinary meaning of dishonest conduct.
2Following Stansfield DIY Wealth Pty Ltd (in liquidation) [2014] NSWSC 1484, a disqualified person does not cease to be a trustee unless the Regulator suspends or removes them under s 133. However, permitting such a trustee to participate in litigation in that capacity risks the court facilitating an offence under s 126K. That would bring the administration of justice into disrepute, so the appropriate response is a stay of the proceeding against the trustee in that capacity. Whether the court has power to order the trustee to cease representing the fund was doubted but not decided.
3A liquidator authorised under s 477(2)(a) and (b) of the Corporations Act 2001 (Cth) may retain solicitors who can act for both the liquidator and the company. A failure to obtain s 477(2B) approval for a retainer or costs agreement affects only whether the liquidator can recover those costs from the company, not the validity of steps taken. A failure to file a memorandum of appearance for a later-joined company is an irregularity, not a nullity.
