Federal Court of Australia
Federal Court of Australia
Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 3) [2023] FCA 1529 File number: NSD 861 of 2019
Judgment of: MARKOVIC J
Date of judgment: 30 November 2023
Catchwords: PRACTICE AND PROCEDURE – application for stay of execution of orders – application made on the basis of hardship – application made on the basis that the judgment giving rise to the relevant orders was obtained by fraud – application dismissed
Legislation: Federal Court Rules 2011 (Cth) rr 39.06(b), 41.03 and 41.11
Cases cited: Commissioner of Taxation v Rawson Finances Pty Ltd [2023] FCA 617 Flight Centre Ltd v Australian Competition and Consumer Commission [2014] FCA 658
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 47
Date of hearing: 30 November 2023
Counsel for the Applicant: Mr S Golledge SC and Mr D Edney
Solicitor for the Applicant: Matthews Folbigg Pty Ltd
Counsel for the First Respondent: The First Respondent appeared in person. Her son made submissions on her behalf.
ORDERS NSD 861 of 2019 IN THE MATTER OF IN THE MATTER OF IAN STOLYAR BETWEEN: ANDREW SCOTT IN HIS CAPACITY AS THE TRUSTEE OF THE BANKRUPT ESTATES OF IAN STOLYAR AND BETH NGOC NGUYEN Applicant
AND: FAINA STOLYAR and another named in the schedule Respondent
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