Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wenkart v Pantzer [2005] FCA 1572
BANKRUPTCY – trustee's entitlement to remuneration and costs – taxation – appeals from decision of taxing officer – where work undertaken post-annulment of bankruptcy – where work undertaken in relation to taxation of costs – where work undertaken in relation to litigation – where work performed by persons other than trustee – whether taxing officer validly appointed – whether form of bills of costs complied with Bankruptcy Regulations 1996. Bankruptcy Act 1966 (Cth)ss 73, 74, 162 and 167 Federal Court of Australia Act 1976 (Cth) s 43 Bankruptcy Regulations 1996 regs 8.09, 8.10, 8.11 and 8.11A Federal Court Rules O 62 RP Meagher and WMC Gummow, Jacob's Law of Trusts in Australia, 6th edn, Butterworths, 1997 Adsett v Berlouis (1992) 37 FCR 201 followed Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621 followed Doolan v Dare [2005] FCAFC 69cited Ide v Ide (2004) 184 FLR 44 referred to Re Ladyman (1981) 38 ALR 631 cited Schweppes' Ltd v Archer (1934) 34 SR (NSW) 178 followed Symes v Holbrook [2005] FCAFC 219referred to Wenkart v Pantzer (2003) 132 FCR 204cited Wenkart v Pantzer (No 3) (2004) 135 FCR 422referred to Wenkart v Pantzer (No 6) [2003] FCA 1210 referred to Wenkart v Pantzer [2003] FCA 315referred to Wenkart v Pantzer [2003] FCA 471 referred to Wily v Fitz-Gibbon [1998] FCA 121 cited
THOMAS RICHARD WENKART v WARREN PANTZER, ANN SEXTON AND INSPECTOR GENERAL IN BANKRUPTCY NSD 1973 of 2004 NSD 181 of 2005
BRANSON J 8 NOVEMBER 2005 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1973 of 2004
NSD 181 of 2005
BETWEEN: THOMAS RICHARD WENKART
APPLICANT
AND: WARREN PANTZER
FIRST RESPONDENT
ANN SEXTON
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