Pitman v Pantzer (Trustee of the Bankrupt Estate of Thomas Richard Wenkart) [2002] FCA 53

Pitman v Pantzer (Trustee of the Bankrupt Estate of Thomas Richard Wenkart) [2002] FCA 53

The application to discharge the joinder order was refused because Mr Abignano was aware of the proceedings at all material times, Abignano and Genallco would suffer no real prejudice if protected on costs, joinder was in their interests to settle residual uncertainties, and s 22 of the Federal Court Act exhorts the Court to avoid multiplicity of suit.

Jurisdiction
Australia
Judgment Date
08 February 2002
Procedural Posture
Practice and Procedure – Joinder / Application by Third Cross Respondents to Discharge Ex Parte Order Made on 15 January 2002 Joining Them as Third Cross Respondents
Outcome
Application refused.
Legal Topics
['joinder' 'discharge of Ex Parte Order' 'multiplicity of Proceedings' 'costs Protection']
['practice and Procedure' 'bankruptcy'] ['joinder' 'discharge of Ex Parte Order' 'multiplicity of Proceedings' 'costs Protection']

Case Brief

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Procedural Posture

Practice and Procedure – Joinder / Application by Third Cross Respondents to Discharge Ex Parte Order Made on 15 January 2002 Joining Them as Third Cross Respondents

Legal Issues

  1. 1 ['Whether the ex parte order made on 15 January 2002 joining Gennaro Abignano and Genallco Pty Limited as third cross-respondents should be discharged.']

Ratio Decidendi

The application to discharge the joinder order was refused because Mr Abignano was aware of the proceedings at all material times, Abignano and Genallco would suffer no real prejudice if protected on costs, joinder was in their interests to settle residual uncertainties, and s 22 of the Federal Court Act exhorts the Court to avoid multiplicity of suit.

Court Disposition

Application refused.

Orders

  • ['The application to discharge the ex parte order made on 15 January 2002 joining Gennaro Abignano and Genallco Pty Limited as third cross-respondents be refused.']