Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wenkart v Pantzer, in the matter of Wenkart [2008] FCA 1387
BANKRUPTCY – applications to re-open case after reasons for decision given and prior to entry of orders – whether re-opening in the interests of justice – importance of finality of litigation – mere discontent with reasons insufficient to justify re-opening – not clear that Court proceeded on a misapprehension as to the facts or law
HELD – applications refused Bankruptcy Act 1966 (Cth) ss 30, 73 Federal Court of Australia Act 1976 (Cth) s 22 Aristocrat Technologies Australia Pty Ltd v IGT (Australia) Pty Ltd (2007) 73 IPR 545 considered Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 cited Nutrasweet Australia Pty Ltd v Ajinomoto Co Inc (No 3) (2007) 73 IPR 282 considered Pantzer v Wenkart (2006) 153 FCR 466 cited Wenkart v Pantzer [2007] FCA 1589 cited Wenkart v Pantzer [2008] FCA 478 considered THOMAS RICHARD WENKART v WARREN PANTZER AS FORMER TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART, HAPDAY HOLDINGS PTY LTD (ACN 001 185 253), MACQUARIE HEALTH CORPORATION LIMITED (ACN 003 531 860) AND THROVENA PTY LIMITED (ACN 001 738 763); WARREN PANTZER AS FORMER TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART v THOMAS RICHARD WENKART AND HAPDAY HOLDINGS PTY LTD (ACN 001 185 253)
NSD 7051 of 2002
BRANSON J
16 SEPTEMBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 7051 of 2002
BETWEEN: THOMAS RICHARD WENKART
Applicant
AND: WARREN PANTZER AS FORMER TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART
First Respondent
HAPDAY HOLDINGS PTY LTD (ACN 001 185 253), MACQUARIE HEALTH CORPORATION LIMITED (ACN 003 531 860) AND THROVENA PTY LIMITED (ACN 001 738 763)
Second Respondent
BETWEEN: WARREN PANTZER AS FORMER TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART
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