Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wenkart v Pantzer [2003] FCA 315 BANKRUPTCY – trustee's remuneration and costs – annulment of bankruptcy – effect of consent orders vesting in trustee a charge over property. Bankruptcy Act 1966 (Cth) s74 National Trustees Executors and Agency Co of Australasia Ltd v Barnes (1941) 64 CLR 268 Re Macks; Ex parte Saint (2000) 204 CLR 158 Harvey v Phillips (1956) 95 CLR 235 Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537 THOMAS RICHARD WENKART V WARREN PANTZER NO. N 7051 OF 2002 BEAUMONT J 9 APRIL 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7051 OF 2002
BETWEEN: THOMAS RICHARD WENKART
APPLICANT
AND: WARREN PANTZER
RESPONDENT
JUDGE: BEAUMONT J
DATE OF ORDER: 9 APRIL 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The separate question ordered on 27 March 2003 be answered as follows: Q: Do the matters relied upon by the applicant in pars 1 – 20 of his notice of intention to oppose the respondent's application made by his notice of motion filed on 31 October 2002, constitute an answer to the respondent's application? A: The matters stated in pars 1 – 17 of the applicant's notice of intention to oppose do not constitute any such answer; and the matters stated in pars 18 – 20 do not purport to make such answer. 2. The applicant pay the respondent's costs of the separate question.
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 N 7051 OF 2002
BETWEEN: THOMAS RICHARD WENKART
APPLICANT
AND: WARREN PANTZER
RESPONDENT
JUDGE: BEAUMONT J
DATE: 9 APRIL 2003
PLACE: SYDNEY
REASONS FOR JUDGMENT (ON THE EFFECT OF THE ANNULMENT OF THE BANKRUPTCY UPON SECURITY PROVIDED TO SECURE THE TRUSTEE'S REMUNERATION) BEAUMONT J:
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