Pitman v Pantzer (Trustee of the Bankrupt Estate of Thomas Richard Wenkart) [2001] FCA 1742

FEDERAL COURT OF AUSTRALIA

Pitman v Pantzer (Trustee of the Bankrupt Estate of Thomas Richard Wenkart) [2001] FCA 1742 BANKRUPTCY – assignment of debt – leave to substitute proof. Bankruptcy Act 1966 (Cth) Clyne v Deputy Commissioner of Taxation (1984) 154 CLR 589 Re Frost; Ex parte Official Receiver [1899] 2 QB 50 at 52 Re Gill; Ex parte Official Receiver (1964) 6 FLR 273 ALAN PITMAN V WARREN PANTZER (TRUSTEE OF THE BANKRUPT ESTATE OF THOMAS RICHARD WENKART) N7752 OF 2000 JUDGE: BEAUMONT J DATE: 7 DECEMBER 2001 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N7752 OF 2000

BETWEEN: ALAN PITMAN

APPLICANT

AND: WARREN PANTZER (TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART)

FIRST RESPONDENT

THROVENA PTY LIMITED, HAPDAY HOLDINGS PTY LIMITED AND MACQUARIE HEALTH CORPORATION LIMITED

SECOND RESPONDENTS

AND BETWEEN: THROVENA PTY LIMITED, HAPDAY HOLDINGS PTY LIMITED AND MACQUARIE HEALTH CORPORATION LIMITED

CROSS-APPLICANTS

AND ALAN PITMAN

FIRST CROSS RESPONDENT

WARREN PANTZER (TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART)

SECOND CROSS RESPONDENT JUDGE: BEAUMONT J

DATE OF ORDER: 7 DECEMBER 2001

WHERE MADE: SYDNEY

THE COURT DIRECTS THAT: 1. Direct that any further submission by any party on the question raised in these reasons be made in writing filed and served by 5 pm on Monday, 10 December 2001 Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N7752 OF 2000

BETWEEN: ALAN PITMAN

APPLICANT

AND: WARREN PANTZER (TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART)