Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 4) [2023] FCA 1555

Federal Court of Australia

Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 4) [2023] FCA 1555 File number: NSD 861 of 2019

Judgment of: NICHOLAS J

Date of judgment: 5 December 2023

Catchwords: PRACTICE AND PROCEDURE – interlocutory application for stay of orders for possession in aid of application for leave to appeal order refusing to grant such a stay – where application for leave to appeal not shown to have any prospects of success – interlocutory application dismissed with costs

Legislation: Federal Court Rules 2011 (Cth) r 41.11

Cases cited: House v King (1936) 55 CLR 499

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 17

Date of hearing: 5 December 2023

Counsel for the Applicant: Mr S Golledge SC

Solicitor for the Applicant: Matthews Folbigg Pty Ltd

Solicitor for the Respondent: The First Respondent appeared in person. Her son made submissions on her behalf.

ORDERS NSD 861 of 2019 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 First Respondent

FANCHEL PTY LTD Second Respondent

order made by: NICHOLAS J DATE OF ORDER: 5 december 2023

THE COURT ORDERS THAT:

1. The first respondent's interlocutory application filed on 5 December 2023 be dismissed. 2. The first respondent pay the applicant's costs of the interlocutory application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.