Federal Court of Australia
Federal Court of Australia
Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 5) [2024] FCA 37 File number: NSD 861 of 2019
Judgment of: MARKOVIC J
Date of judgment: 30 January 2024
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for sale of property by way of equitable execution by the appointment of a receiver – application granted
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 53 and 57 Civil Procedure Regulation 2017 (NSW) Sch 2, Item 5
Cases cited: Riva NSW Pty Ltd v Key Nominees Pty Ltd [2023] NSWSC 711 Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar [2022] FCA 691 University of Western Australia v Grey (No 6) [2006] FCA 1825
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
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