Wenkart v Pantzer (No 8) [2004] FCA 280

FEDERAL COURT OF AUSTRALIA

Wenkart v Pantzer (No 8) [2004] FCA 280 PRACTICE AND PROCEDURE – objection to jurisdiction – bankrupt applies for order compelling trustee in bankruptcy to call meeting of creditors to consider proposal by bankrupt under s 73 of the Bankruptcy Act 1966 (Cth) – if proposal accepted by special resolution of creditors, bankruptcy would be annulled by operation of s 74(5) of Act – question of protection of trustee's entitlement to remuneration – question of Court's power under s 74(6) to impose terms and conditions on reverter of title of 'property of the bankrupt' to bankrupt on annulment – whether Court could make part of that property subject to a charge in favour of trustee as security for his remuneration – bankrupt and trustee compromise proceeding – as part of compromise bankrupt charges a particular property in favour of trustee as security for trustee's entitlement – meeting called, creditors pass special resolution accepting proposal, bankruptcy annulled – subsequent disputes between former bankrupt and former trustee – former trustee applies by motion in the proceeding for appointment of trustee for sale of the property charged – whether Court has jurisdiction to enforce the charge – whether it can do so by appointing trustee for sale. BANKRUPTCY – objection to jurisdiction – bankrupt applies for order compelling trustee in bankruptcy to call meeting of creditors to consider proposal by bankrupt under s 73 of the Bankruptcy Act 1966 (Cth) – if proposal accepted by special resolution of creditors, bankruptcy would be annulled by operation of s 74(5) of Act – question of protection of trustee's entitlement to remuneration – question of Court's power under s 74(6) to impose terms and conditions on reverter of title of 'property of the bankrupt' to bankrupt on annulment – whether Court could make part of that property subject to a charge in favour of trustee as security for his remuneration – bankrupt and trustee compromise proceeding – as part of compromise bankrupt charges a particular property in favour of trustee as security for trustee's entitlement – meeting called, creditors pass special resolution accepting proposal, bankruptcy annulled – subsequent disputes between former bankrupt and former trustee – former trustee applies by motion in the proceeding for appointment of trustee for sale of the property charged – whether Court has jurisdiction to enforce the charge – whether it can do so by appointing trustee for sale. FEDERAL COURTS – objection to jurisdiction – bankrupt applies for order compelling trustee in bankruptcy to call meeting of creditors to consider proposal by bankrupt under s 73 of the Bankruptcy Act 1966 (Cth) – if proposal accepted by special resolution of creditors, bankruptcy would be annulled by operation of s 74(5) of Act – question of protection of trustee's entitlement to remuneration – question of Court's power under s 74(6) to impose terms and conditions on reverter of title of 'property of the bankrupt' to bankrupt on annulment – whether Court could make part of that property subject to a charge in favour of trustee as security for his remuneration – bankrupt and trustee compromise proceeding – as part of compromise bankrupt charges a particular property in favour of trustee as security for trustee's entitlement – meeting called, creditors pass special resolution accepting proposal, bankruptcy annulled – subsequent disputes between former bankrupt and former trustee – former trustee applies by motion in the proceeding for appointment of trustee for sale of the property charged – whether Court has jurisdiction to enforce the charge – whether it can do so by appointing trustee for sale.