Wenkart v Pantzer [2003] FCA 432

FEDERAL COURT OF AUSTRALIA

Wenkart v Pantzer [2003] FCA 432 BANKRUPTCY – composition with creditors – duty of trustee to put proposal to meeting of creditors – duty of trustee to report on the benefit to creditors generally – whether trustee can delay meeting if not in a position to report – where proofs of debt not finalised. Bankruptcy Act 1966 (Cth) Adsett v Belouis (1992) 37 FCR 201 applied Macquarie Health Corporation Limited v Commissioner of Taxation (1999) 96 FCR 238 cited Morlea Professional Services Pty Limited v Richard Walter Pty Limited (In Liquidation) (1999) 96 FCR 21 cited Re David Bendel (1997) 80 FCR 123 applied THOMAS RICHARD WENKART V WARREN PANTZER (FORMER TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART) N 7051 OF 2002 BEAUMONT J 1 MAY 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 (FORMER TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART)

RESPONDENT

JUDGE: BEAUMONT J

DATE OF ORDER: 1 MAY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The separate question ordered today, 1 May 2003, be answered as follows: Q: Do the facts and matters pleaded in par 28(a) of the applicant's amended notice of intention to oppose, dated 28 April 2003, constitute an answer in whole or in part to the respondent's notice of motion, dated 31 October 2002, and if in part, to what extent? A: No.

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 (FORMER TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART)

RESPONDENT