Pitman v Pantzer (Trustee of the Bankrupt Estate of Thomas Richard Wenkart) [2002] FCA 115

FEDERAL COURT OF AUSTRALIA

Pitman v Pantzer (Trustee of the Bankrupt Estate of Thomas Richard Wenkart) [2002] FCA 115 PRACTICE AND PROCEDURE – form of final orders. Bankruptcy Act 1966 (Cth) Federal Court of Australia Act 1976 (Cth) ALAN PITMAN V WARREN PANTZER (TRUSTEE OF THE BANKRUPT ESTATE OF THOMAS RICHARD WENKART) N7752 OF 2000 JUDGE: BEAUMONT J DATE: 21 FEBRUARY 2002 PLACE: BRISBANE (HEARD IN 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

GENNARO ABIGNANO AND GENALLCO PTY LIMITED

THIRD CROSS-RESPONDENTS

JUDGE: BEAUMONT J

DATE OF ORDER: 21 FEBRUARY 2002

WHERE MADE: BRISBANE (HEARD IN SYDNEY)

THE COURT ORDERS THAT:

1. Note the agreement of the parties referred to in par 2 of my reasons for judgment dated 21 December 2001. 2. Application stood over generally, with liberty to restore on 7 days' notice. 3. Declare that the applicant (the first cross-respondent) has been effectively released from any liability to the third cross-respondents. 4. Reserve liberty to the bankrupt to apply to the Court, on such notice as a Judge of the Court may allow, for an order that the first respondent (the second cross-respondent) call a meeting of creditors pursuant to s 73(2) of the Bankruptcy Act 1966. 5. Order that the second respondents (the cross-applicants) pay the costs of the proceedings of the applicant (the first cross-respondent) up to and including 12 October 2001. 6. Order that the second respondents (the cross-applicants) pay the costs of the proceedings of the first respondent (the second cross-respondent) on a submitting basis only. Reserve liberty to the first respondent (the second cross-respondent) to apply, on such notice as a Judge of the Court may allow, for any further order for his costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.