Federal Court of Australia
Federal Court of Australia
Scott (trustee) v Stolyar, in the matter of Stolyar (Bankrupt) (No 2) [2024] FCA 659 File number(s): NSD 984 of 2023
Judgment of: HALLEY J
Date of judgment: 21 June 2024
Catchwords: BANKRUPTCY AND INSOLVENCY – application by trustee in bankruptcy for enforcement of charging order over shares – orders made on 22 December 2023 appointing receiver to sell shares and for sale proceeds to be paid into Court – application by receiver for his costs and disbursements – whether amount claimed is reasonable – application by trustee for balance of funds held in Court to be paid to trustee – where respondent seeks sale proceeds to be paid to her for her legal costs and living expenses – where charging order entitles trustee to sale proceeds – application granted – orders made
Legislation: Federal Court of Australia Act 1976 (Cth) s 53 Federal Court Rules 2011 (Cth) r 4.01 Civil Procedure Act 2005 (NSW) ss 106, 126
Cases cited: Deppeler, in the matter of Moulamein Grain Co-Operative Limited (in liquidation) [2024] FCA 65 Galbally and O'Bryan v Easton [2016] NSWSC 77 Mathieson Nominees v Aero Developments & Ors [2016] VSC 131 Scott (Trustee) v Stolyar, in the matter of Stolyar (Bankrupt) [2023] FCA 1671 Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar [2022] FCA 691 Stolyar v Scott (Trustee) (2023) 410 ALR 346; [2023] FCAFC 61 Stolyar v Scott in his capacity as the trustee of the bankrupt estates of Ian Stolyar and Beth Ngoc Nguyen [2023] HCASL 129
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