Stolyar v Scott (Trustee), in the matter of the bankrupt estate of Stolyar [2024] FCA 796

Federal Court of Australia

Stolyar v Scott (Trustee), in the matter of the bankrupt estate of Stolyar [2024] FCA 796 Appeal from: Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 5) [2024] FCA 37

File number(s): NSD 290 of 2024

Judgment of: PERRY J

Date of judgment: 19 July 2024

Catchwords: PRACTICE AND PROCEDURE – application for dispensation from rule 4.01 of the Federal Court Rules 2011 – where proposed representative has a personal interest in the outcome of the case – dispensation not granted – leave granted for proposed representative to assist as applicant's McKenzie friend PRACTICE AND PROCEDURE – application for leave to appeal against orders for the sale of the applicant's home by way of equitable execution of money judgments in earlier proceedings and appointing the trustee as receiver to undertake the sale – primary decision not attended with sufficient doubt to warrant its reconsideration on appeal – application dismissed

Legislation: Federal Court Rules 2011 (Cth) rules 1.34, 4.01

Cases cited: Bienstein v Bienstein [2003] HCA 7; (2003) 195 ALR 225 Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 House v The King (1936) 55 CLR 499 McKenzie v McKenzie [1971] P 33; [1970] 3 All ER 1034 Riva NSW Pty Ltd v Key Nominees Pty Ltd [2023] NSWSC 711 Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 5) [2024] FCA 37 Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar [2022] FCA 691 Scott v Stolyar: Stolyar v Scott in his capacity as the Trustee of the bankrupt estates of Ian Stolyar and Beth Ngoc Nguyen [2023] HCASL 129 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28; (2022) 276 CLR 579