Pitman v Pantzer (Trustee of the Bankrupt Estate of Thomas Richard Wenkart) [2002] FCA 115

Pitman v Pantzer (Trustee of the Bankrupt Estate of Thomas Richard Wenkart) [2002] FCA 115

Mr Pitman was discharged from liability to the third cross-respondents under the Settlement Deed, rendering the original issues moot. Costs were awarded up to the date of the settlement reflecting the parties’ respective success and submissions in the proceedings.

Jurisdiction
Australia
Judgment Date
21 February 2002
Procedural Posture
Application and Cross Application in Bankruptcy Proceeding / Final Orders
Outcome
Application stood over generally; applicant effectively released from liability; costs awarded as specified.
Legal Topics
['form of Final Orders' 'costs in Bankruptcy Proceedings' "creditor's Meetings"]
['bankruptcy' 'practice and Procedure'] ['form of Final Orders' 'costs in Bankruptcy Proceedings' "creditor's Meetings"]

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application and Cross Application in Bankruptcy Proceeding / Final Orders

Legal Issues

  1. 1 ['Whether the applicant (Alan Pitman) has been effectively released from liability to the third cross-respondents' 'Determination of appropriate final orders on the application and cross-application' 'Entitlement to costs among the parties']

Ratio Decidendi

Mr Pitman was discharged from liability to the third cross-respondents under the Settlement Deed, rendering the original issues moot. Costs were awarded up to the date of the settlement reflecting the parties’ respective success and submissions in the proceedings.

Court Disposition

Application stood over generally; applicant effectively released from liability; costs awarded as specified.

Orders

  • ['Note the agreement of the parties referred to in paragraph 2 of reasons for judgment dated 21 December 2001.' "Application stood over generally, with liberty to restore on 7 days' notice." 'Declare that the applicant (the first cross-respondent) has been effectively released from any liability to the third...