Wenkart v Pantzer (No 6)

FEDERAL COURT OF AUSTRALIA

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

BANKRUPTCY – remuneration of trustee in bankruptcy – application by former bankrupt for extension of time in which to request that former trustee’s claim for remuneration be taxed – discretionary considerations – extension of time refused.

Bankruptcy Act 1966 (Cth) ss 33(1)(c), 162(4)
Bankruptcy Regulations 1996 (Cth) regs 8.08, 8.09

Bellin v Pattison (Trustee) [1999] FCA 51 referred to

THOMAS RICHARD WENKART v WARREN PANTZER

N 7051 of 2002

LINDGREN J
29 OCTOBER 2003
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 7051 of 2002

BETWEEN:	THOMAS RICHARD WENKART APPLICANT
AND:	WARREN PANTZER RESPONDENT
JUDGE:	LINDGREN J
DATE OF ORDER:	30 OCTOBER 2003
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.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.

2.The applicant pay the respondent’s costs.

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	N 7051 of 2002

BETWEEN:	THOMAS RICHARD WENKART APPLICANT
AND:	WARREN PANTZER RESPONDENT

JUDGE:	LINDGREN J
DATE:	29 OCTOBER 2003
PLACE:	SYDNEY

REASONS FOR JUDGMENT (No 6)
(Application for Extension of Time)

INTRODUCTION

1. These reasons for judgment relate to par 8 of a notice of motion filed on 12 December 2002 by the applicant (‘Dr Wenkart’). The respondent (‘Mr Pantzer’) is the former trustee of the estate in bankruptcy of Dr Wenkart. Mr Pantzer claims remuneration, relevantly, in respect of services rendered by him as trustee in the period from 30 January 2001 to 15 March 2002. On the latter date, the bankruptcy of Dr Wenkart was annulled on the passing of a special resolution at a meeting of his creditors under subs 73(4) of the Bankruptcy Act 1966 (Cth) (‘the Act’): subs 74(5) of the Act. Being dissatisfied with the amount of Mr Pantzer’s claim, Dr Wenkart requested a taxing officer to tax the claim, but did so outside the 14-day period then allowed by reg 8.09(1) of the Bankruptcy Regulations 1996 (Cth) (‘the Regulations’).

2. By par 8 of his notice of motion, Dr Wenkart seeks an order that the time allowed by reg 8.09(1) be extended to a period of 14 days from the making of the order granting the extension.

3. It is not in dispute that the Court has power under s 33(1)(c) of the Act to grant the extension:  cf Bellin v Pattison (Trustee) [1999] FCA 51 (‘Bellin’), esp at [27].

   LEGISLATION

4. Section 162 of the Act provides for the fixing of the remuneration of a trustee of the estate of a bankrupt by resolution of the creditors, or, if they so resolve, by the creditors’ committee of inspection. Subsection 162(4) provides:

   ‘Where the remuneration of the trustee is not fixed by the creditors or the committee of inspection, the trustee is to be…