Wenkart v Pantzer [2010] FCA 866

Wenkart v Pantzer [2010] FCA 866

Mr Pantzer is entitled to payment of $173,079.71 for remuneration, costs, charges and expenses, having acted reasonably and bona fide for the purpose of administering the estate, with an order for interest and 90% of his costs. The rule in Cherry v Boultbee and Baldry v Jackson do not preclude his entitlement, and declaratory relief is granted for future claims upon taxation. Dr Wenkart's submissions are rejected, except for miscellaneous expenses, and the premature filing of the cross-claim entitles him to a portion of costs.

Parties
Applicant/first Cross Respondent: Thomas Richard Wenkart; First Respondent/cross Claimant: Warren Pantzer as former trustee of the estate of Thomas Richard Wenkart; Second Respondent/second Cross Respondent: Hapday Holdings Pty Ltd (ACN 001 185 253); Second Respondent: Macquarie Health Corporation Limited (ACN 003 531 860); Second Respondent: Throvena Pty Limited (ACN 001 738 763)
Jurisdiction
Australia
Judgment Date
13 August 2010
Procedural Posture
Civil / Final Judgment With Orders Stood Over for Practical Effect
Outcome
Orders stood over for practical effect; Mr Pantzer is entitled to payment, interest, and 90% of his costs.
Legal Topics
Costs, Indemnity Costs, Pre Judgment Interest, Trustee Remuneration, Rule in Cherry V Boultbee, Composition and Annulment of Bankruptcy
Practice and Procedure Bankruptcy Costs Indemnity Costs Pre Judgment Interest Trustee Remuneration Rule in Cherry V Boultbee Composition and Annulment of Bankruptcy

Case Brief

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Parties

Thomas Richard Wenkart

Applicant/first Cross Respondent

Warren Pantzer as former trustee of the estate of Thomas Richard Wenkart

First Respondent/cross Claimant

Hapday Holdings Pty Ltd (ACN 001 185 253)

Second Respondent/second Cross Respondent

Macquarie Health Corporation Limited (ACN 003 531 860)

Second Respondent

Throvena Pty Limited (ACN 001 738 763)

Second Respondent

Procedural Posture

Civil / Final Judgment With Orders Stood Over for Practical Effect

Legal Issues

  1. 1 Whether Mr Pantzer is entitled to relief in respect of matters occurring after 31 October 2002
  2. 2 Whether the commencement and conduct of proceedings by Mr Pantzer has been reasonable
  3. 3 Whether Mr Pantzer may receive moneys from Dr Wenkart without first paying moneys owing to Dr Wenkart as at annulment

Ratio Decidendi

Mr Pantzer is entitled to payment of $173,079.71 for remuneration, costs, charges and expenses, having acted reasonably and bona fide for the purpose of administering the estate, with an order for interest and 90% of his costs. The rule in Cherry v Boultbee and Baldry v Jackson do not preclude his entitlement, and declaratory relief is granted for future claims upon taxation. Dr Wenkart's submissions are rejected, except for miscellaneous expenses, and the premature filing of the cross-claim entitles him to a portion of costs.

Court Disposition

Orders stood over for practical effect; Mr Pantzer is entitled to payment, interest, and 90% of his costs.

Orders

  • The proceeding is stood over to 9:30 am on 20 August 2010 to make orders giving effect to the reasons.
  • Declaratory relief granted as to lawful entitlement of remuneration ($159,192.82) and legal expenses ($302,682.97) on taxation.