Pitman v Pantzer (Trustee of the Bankrupt Estate of Thomas Richard Wenkart)

[2002] FCA 53

FEDERAL COURT OF AUSTRALIA

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

PRACTICE AND PROCEDURE – joinder.

Bankruptcy Act 1966 (Cth)

Federal Court of Australia Act 1976 (Cth)

ALAN PITMAN V WARREN PANTZER (TRUSTEE OF THE BANKRUPT ESTATE

OF THOMAS RICHARD WENKART)

N7752 OF 2000

JUDGE:         BEAUMONT J
DATE:           8 FEBRUARY 2002
PLACE:         SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N7752 OF 2000

BETWEEN:

ALAN PITMAN
APPLICANT

AND:

WARREN PANTZER (TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART)
FIRST RESPONDENT

THROVENA PTY LIMITED, HAPDAY HOLDINGS PTY LIMITED AND MACQUARIE HEALTH CORPORATION LIMITED
SECOND RESPONDENTS

AND BETWEEN:

THROVENA PTY LIMITED, HAPDAY HOLDINGS PTY LIMITED AND MACQUARIE HEALTH CORPORATION LIMITED
CROSS-APPLICANTS

AND

ALAN PITMAN
FIRST CROSS-RESPONDENT

WARREN PANTZER (TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART)
SECOND CROSS-RESPONDENT

GENNARO ABIGNANO AND GENALLCO PTY LIMITED
THIRD CROSS-RESPONDENTS

JUDGE:

BEAUMONT J

DATE OF ORDER:

8 FEBRUARY 2002

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.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.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N7752 OF 2000

BETWEEN:

ALAN PITMAN
APPLICANT

AND:

WARREN PANTZER (TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART)
FIRST RESPONDENT

THROVENA PTY LIMITED, HAPDAY HOLDINGS PTY LIMITED AND MACQUARIE HEALTH CORPORATION LIMITED
SECOND RESPONDENTS

AND BETWEEN:

THROVENA PTY LIMITED, HAPDAY HOLDINGS PTY LIMITED AND MACQUARIE HEALTH CORPORATION LIMITED
CROSS-APPLICANTS

AND

ALAN PITMAN
FIRST CROSS-RESPONDENT

WARREN PANTZER (TRUSTEE OF THE ESTATE OF THOMAS RICHARD WENKART)
SECOND CROSS-RESPONDENT

GENNARO ABIGNANO AND GENALLCO PTY LIMITED
THIRD CROSS-RESPONDENTS

JUDGE:

BEAUMONT J

DATE:

8 FEBRUARY 2002

PLACE:

SYDNEY

REASONS FOR JUDGMENT
(ON APPLICATION BY THIRD CROSS-RESPONDENT TO DISCHARGE ORDER FOR THEIR JOINDER)

BEAUMONT J:

INTRODUCTION

1. These are written reasons, essentially the same as those given orally at the time, for refusing, on Mr Burton’s application, to discharge my earlier ex parte order for the joinder of Abignano and Genallco.  Having noted that Mr Abignano, by virtue of his affidavit sworn 5 February 2001, was at all material times aware of these proceedings, in essence, my reasons for so refusing were:

   ·Provided Abignano and Genallco were, as I propose, protected on costs they would suffer no real prejudice if joined.  Indeed, in my view, it was in their interests to settle any residual uncertainties.

   ·Section 22 of the Federal Court Act exhorts the Court to avoid multiplicity of suit.

   ORDERS

   1.That 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.

I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Beaumont.

Associate:

Dated:               8 February 2002

Solicitor for the Applicant:	The Bruce & Stewart Commercial Practice
Counsel for the Cross-Applicants (Intervening Creditors):	Mr J K Chippindall
Solicitor for the Cross-Applicants (Intervening Creditors):	Hunt & Hunt
Counsel for the Third Cross-Respondents:	Mr G Burton
Date of Hearing:	17 January 2002
Date of Judgment:	8 February 2002