Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pitman v Pantzer (Trustee of the Bankrupt Estate of Thomas Richard Wenkart) [2001] FCA 1743
BANKRUPTCY – assignment of debt – leave to substitute proof – whether applicant's right to indemnity from bankrupt merged into a right to proof – whether purported assignment of debt effective – whether purported release of applicant was effective.
Bankruptcy Act 1966 (Cth) Conveyancing Act 1919 (NSW) Clyne v Deputy Commissioner of Taxation (1988) 154 CLR 589 followed Howden v Cock (1915) 20 CLR 201 applied In re Frost; Ex parte Official Receiver [1899] 2 QB 50 applied In re Iliff [1902] 51 WR 80 followed Norman v Federal Commissioner of Taxation (1963) 109 CLR 9 followed O'Donel v Commissioner for Road Transport & Tramways (NSW) (1938) 59 CLR 744 followed Re Barry (1930) 2 ABC 85 followed Re Blake (1933) 6 ABC 85 followed Re Gill; Ex parte Official Receiver (1964) 6 FLR 273 applied Re Hills; Ex parte Lang (1912) 107 LT 95 followed Trident General Insurance Co Ltd v McNiece Bros. Pty Ltd (1988) 165 CLR 107 applied The Laws of Australia – Contract: General Principles, LBC Spencer Bower Turner & Handley, The Doctrine of Res Judicata, 3rd ed. 1996 ALAN PITMAN V WARREN PANTZER (TRUSTEE OF THE BANKRUPT ESTATE OF THOMAS RICHARD WENKART) N7752 OF 2000 JUDGE: BEAUMONT J DATE: 21 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
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