Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 7) [2024] FCA 1068 File number: NSD 861 of 2019
Judgment of: MARKOVIC J
Date of judgment: 17 September 2024
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for the enforcement of orders and declarations made previously – scope of liberty to apply – where application is within scope of liberty to apply – where equitable right of exoneration applies in applicant's favour – where defence of laches raised – application granted
Abigroup Ltd v Abignano (1992) 39 FCR 74 Australian Hardboards Ltd v Hudson Investment Group Ltd (2007) 70 NSWLR 201 Bendigo & Adelaide Bank Limited v Stolyar [2024] NSWSC 710 Cases cited: Halford v Halford (2020) 58 WAR 254 National Commercial Bank v Wimborne (1978) 5 BPR 11,958 Ogilvie v Ferry [2010] NSWSC 379 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: 75
Date of hearing: 22 August 2024
Counsel for the Applicant: Mr S Golledge SC and Mr D Edney
Solicitor for the Applicant: Matthews Folbigg Lawyers
Counsel for the Respondents: The First Respondent appeared in person. Her son made submissions on her behalf.
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 FAINA STOLYAR AND: First Respondent FANCHEL PTY LTD Second Respondent
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