Wenkart v Pantzer (No 2) [2013] FCAFC 136

Wenkart v Pantzer (No 2) [2013] FCAFC 136

The Full Court determined that specific quantified remuneration and expense claims of Mr Pantzer, which were due, payable, and where required, taxed as at 24 December 2010, should be declared and ordered to be paid by Dr Wenkart, with credit for the amount paid in February 2011. The Court set aside previous orders (Flick J), substituted new declarations, and authorised sale of property subject to an equitable charge if payment not made, with all orders structured for clarity and finality. Interest is payable under s 51A of the Federal Court of Australia Act. Claims not quantified or not yet taxed (where appropriate) as at that date were not determined and remain open.

Jurisdiction
Australia
Judgment Date
04 December 2013
Procedural Posture
Appeal and Cross Appeals From the Federal Court of Australia / On Appeal (post Reasons, Determination of Orders and Payment Calculations)
Outcome
Appeal allowed in part; First Cross-Appeal allowed; Second Cross-Appeal dismissed; orders set aside and substituted; orders for payment of quantified sums with interest; orders for sale of secured property if payment not made; costs orders as specified.
Legal Topics
['trustee Remuneration' 'reimbursement of Expenses' 'equitable Charge' 'interest on Judgment Debt' 'orders for Sale of Property']
['bankruptcy'] ['trustee Remuneration' 'reimbursement of Expenses' 'equitable Charge' 'interest on Judgment Debt' 'orders for Sale of Property']

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Procedural Posture

Appeal and Cross Appeals From the Federal Court of Australia / On Appeal (post Reasons, Determination of Orders and Payment Calculations)

Legal Issues

  1. 1 ["Appropriate declarations and orders to give effect to principal judgment regarding trustee's claims for remuneration and expenses" 'Quantification and inclusion of particular monetary claims in the payment order' 'Form of orders for sale of charged property' 'Calculation of interest and effect of payments made post-judgment' 'Appropriate costs orders']

Ratio Decidendi

The Full Court determined that specific quantified remuneration and expense claims of Mr Pantzer, which were due, payable, and where required, taxed as at 24 December 2010, should be declared and ordered to be paid by Dr Wenkart, with credit for the amount paid in February 2011. The Court set aside previous orders (Flick J), substituted new declarations, and authorised sale of property subject to an equitable charge if payment not made, with all orders structured for clarity and finality. Interest is payable under s 51A of the Federal Court of Australia Act. Claims not quantified or not yet taxed (where appropriate) as at that date were not determined and remain open.

Court Disposition

Appeal allowed in part; First Cross-Appeal allowed; Second Cross-Appeal dismissed; orders set aside and substituted; orders for payment of quantified sums with interest; orders for sale of secured property if payment not made; costs orders as specified.

Orders

  • ['Dr Wenkart to pay Mr Pantzer the stated amounts for remuneration and expenses as declared, with interest, less amount already paid.' 'Declaration of amounts lawfully due to Mr Pantzer by Dr Wenkart as at 24 December 2010 (seven classes of sums explicitly identified).' 'If payment not made, appointment of trustee...