Federal Court of Australia
Federal Court of Australia
Scott (Trustee) v Stolyar, in the matter of Stolyar (Bankrupt) [2023] FCA 1671 File number(s): NSD 984 of 2023
Judgment of: HALLEY J
Date of judgment: 22 December 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – application by trustee in bankruptcy for enforcement of charging order over shares made by judicial registrar – applicant seeks appointment of receiver to sell shares – shares relatively illiquid – significant risk value of shares will be significantly diminished if not sold in orderly manner – receiver appointed
Legislation: Federal Court of Australia Act 1976 (Cth) s 53 Civil Procedure Act 2005 (NSW) ss 106(1)(c), 126
Cases cited: Galbally & O'Bryan v Easton [2016] NSWSC 77 Mathieson Nominees v Aero Developments & Ors [2016] VSC 131 Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar [2022] FCA 691 Stolyar v Scott (Trustee) [2023] FCAFC 61 Stolyar & Anor v Scott in his capacity as the trustee of the bankrupt estates of Ian Stolyar and Beth Ngoc Nguyen [2023] HCASL 129
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 25
Date of hearing: 22 December 2023
Counsel for the Applicant: Mr D Edney
Solicitor for the Applicant: Matthews Folbigg
Counsel for the First Respondent: The first respondent appeared in person
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate