Yushkova v Johnston (Trustee) in the matter of bankrupt estate of King [2024] FCA 739

Federal Court of Australia

Yushkova v Johnston (Trustee) in the matter of bankrupt estate of King [2024] FCA 739 Appeal from: Cook (Trustee), in the matter of King v King [2022] FedCFamC2G 817 Cook (Trustee), in the matter of King v King (No. 2) [2022] FedCFamC2G 838

File number: QUD 401 of 2022

Judgment of: LOGAN J

Date of judgment: 25 June 2024

Catchwords: COSTS – where the respondent trustee in bankruptcy successfully defended an appeal to this Court against findings made by the Federal Circuit and Family Court of Australia (Circuit Court) that he was entitled to a share in the proceeds from real property held jointly by the bankrupt and the appellant – where the respondent was also successful in defending an application for a stay of the Circuit Court orders prior to the determination of the appeal in this Court – where real property has now been sold and the proceeds are being held by the statutory trustees for the sale – where the respondent trustee applies to have the costs orders in its favour against the appellant paid out of the appellant's share of the proceeds from the real property sale – whether such costs orders should be made – application granted BANKRUPTCY AND INSOLVENCY – where the respondent trustee in bankruptcy successfully defended an appeal to this Court against findings made by the Federal Circuit and Family Court of Australia (Circuit Court) that he was entitled to a share in the proceeds from real property held jointly by the bankrupt and the appellant – where the respondent was also successful in defending an application for a stay of the Circuit Court orders prior to the determination of the appeal in this Court – where real property has now been sold and the proceeds are being held by the statutory trustees for the sale – where the respondent trustee applies to have the costs orders in its favour against the appellant paid out of the appellant's share of the proceeds from the real property sale – whether such costs orders should be made – application granted PRACTICE AND PROCEDURE – where the unsuccessful appellant did not appear but provided written submissions to the respondent trustee that appeared to seek a stay of the appeal judgment orders due to an extant special leave application in the High Court of Australia – whether a stay of the appeal orders should be granted – application dismissed