Wenkart v Pantzer (No 2)

The case of Wenkart v Pantzer (No 2) involved parties Dr Wenkart, Mr Pantzer, and Hapday Holdings Pty Limited. The dispute centred around claims for remuneration and reimbursement of expenses made by the former trustee of a bankrupt estate. The Full Court of the Federal Court of Australia was required to decide on the form of declarations and orders to be made in order to give effect to certain claims and to consider appropriate orders for the sale of property to satisfy an equitable charge in favour of the former trustee. The court was also tasked with determining whether the Full Court should make declarations and orders giving effect to certain claims for remuneration and reimbursement of expenses made by Mr Pantzer, and if so, in what form.

The Full Court found that it was unable to finally determine all claims made by Mr Pantzer against Dr Wenkart for remuneration and reimbursement of expenses. The court noted that some claims may not have been claimed by 24 December 2010, and some amounts which had been claimed by that date may not have been finally quantified by that date. For these reasons, the principal judgment and formal declarations and orders made in order to give effect to that judgment would not finally determine all claims made by Mr Pantzer. The court also found that claims made after 24 December 2010 could not be addressed at all.

The Full Court contemplated that the order for payment which it would make would be for one single sum. However, the court also considered that, by making several declarations which explained the way in which that one single sum had been arrived at, future disputation about the subject matter and effect of the principal judgment would be avoided.

The court ordered that the legal representatives of the parties confer and, to the extent possible, agree upon the figures to be inserted into paragraphs 9 and 10 of Attachment A (Proposed Orders) to Reasons for Judgment, with interest to be calculated up to and including 19 December 2013. In the event that agreement is reached on the said figures, the legal representatives of the parties communicate the agreed figures to the Associate to Foster J. If agreement on the said figures is not reached, each party is to send to the Associate to Foster J the figures which that party submits ought to be inserted into paragraphs 9 and 10 of Attachment A (Proposed Orders) together with calculations which explain the manner in which the submitted figures have been arrived at. Thereafter, the form of declarations and orders to be made in order to give effect to Reasons for Judgment be determined on the papers.