Pitman v Pantzer (Trustee of the Bankrupt Estate of Thomas Richard Wenkart) [2001] FCA 1764

FEDERAL COURT OF AUSTRALIA

Pitman v Pantzer (Trustee of the Bankrupt Estate of Thomas Richard Wenkart) [2001] FCA 1764

PRACTICE & PROCEDURE – where cross-claim filed – where refined issue arising on applicant's claim not finally determined – question of priorities in relation to resolution. Bankruptcy Act 1966 (Cth) ALAN PITMAN V WARREN PANTZER (TRUSTEE OF THE BANKRUPT ESTATE OF THOMAS RICHARD WENKART) N7752 OF 2000 JUDGE: BEAUMONT J DATE: 27 NOVEMBER 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: 27 NOVEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The cross-claim be stood over generally, with liberty to restore on seven days' notice. 2. All costs be reserved. 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)

FIRST RESPONDENT

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