Federal Court of Australia
Federal Court of Australia
Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 6) [2024] FCA 379 File number: NSD 861 of 2019
Judgment of: MARKOVIC J
Date of judgment: 18 April 2024
Catchwords: PRACTICE AND PROCEDURE – interlocutory applications seeking competing orders for distribution of proceeds of sale – where equitable right of exoneration applies in trustee's favour – where trustee's application granted
Cases cited: Official Trustee in Bankruptcy v Citibank Savings Ltd (1995) 38 NSWLR 116 Parsons v McBain (2001) 109 FCR 120
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 57
Date of hearing: 1 March 2024
Counsel for the Applicant: Mr S Golledge SC and Mr D Edney
Solicitor for the Applicant: Matthews Folbigg Pty Ltd
Counsel for the Respondents: Mr M Hall SC
Solicitor for the Respondents: Aditum Lawyers
ORDERS NSD 861 of 2019 IN THE MATTER OF IAN STOLYAR AND BETH NGOC NGUYEN 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: MARKOVIC J DATE OF ORDER: 18 APRIL 2024
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