Wenkart v Pantzer (No 6) [2003] FCA 1210

Wenkart v Pantzer (No 6) [2003] FCA 1210

The applicant was aware of the amount of the remuneration claim at the creditors' meeting on 15 March 2002, and offered no satisfactory explanation for the 26-day delay in requesting taxation. Accordingly, the statutory time limit should operate in the ordinary way and the extension of time should be refused.

Jurisdiction
Australia
Judgment Date
29 October 2003
Procedural Posture
Bankruptcy / Application for Extension of Time to Request Taxation of Trustee Remuneration
Outcome
Application for extension of time refused; applicant to pay respondent’s costs.
Legal Topics
['trustee Remuneration' 'extension of Time' 'taxation of Costs']
['bankruptcy'] ['trustee Remuneration' 'extension of Time' 'taxation of Costs']

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

Bankruptcy / Application for Extension of Time to Request Taxation of Trustee Remuneration

Legal Issues

  1. 1 ["Whether the applicant should be granted an extension of time to request that the former trustee's claim for remuneration be taxed under Bankruptcy Regulations"]

Ratio Decidendi

The applicant was aware of the amount of the remuneration claim at the creditors' meeting on 15 March 2002, and offered no satisfactory explanation for the 26-day delay in requesting taxation. Accordingly, the statutory time limit should operate in the ordinary way and the extension of time should be refused.

Court Disposition

Application for extension of time refused; applicant to pay respondent’s costs.

Orders

  • ["The applicant's motion brought by notice of motion filed on 12 December 2002, in so far as it is found in par 8 of that document, be dismissed." "The applicant pay the respondent's costs."]