Federal Court of Australia
Federal Court of Australia
Stolyar v Scott (Leave to appeal) [2024] FCA 1182 File number(s): NSD 530 of 2024
Judgment of: PERRAM J
Date of judgment: 11 October 2024
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal judgment determining distribution of proceeds from sale of property – where both parties claim the balance of the proceeds following payments to other creditors – whether applicant should be granted leave to appeal where she seeks to raise new grounds on appeal that were not put to the primary judge – whether orders below final or interlocutory
Cases cited: Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 6) [2024] FCA 379 Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar [2022] FCA 691 Stolyar v Scott (Trustee) [2023] FCAFC 61; 410 ALR 346 Stolyar v Scott [2023] HCASL 129 University of Wollongong v Metwally (No 2) (1985) 59 ALJR 481; 60 ALR 68
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 18
Date of hearing: 24 September 2024
Counsel for the Applicant: The Applicant was represented by her son with leave of Court.
Counsel for the Respondent: Mr S Golledge SC and Mr D Edney
Solicitor for the Respondent: Matthews Folbigg Pty Ltd
ORDERS NSD 530 of 2024 IN THE MATTER OF STOLYAR (BANKRUPT) BETWEEN: MS FAINA STOLYAR Applicant
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