Federal Court of Australia
Federal Court of Australia
Stolyar v Scott (Trustee), in the matter of Stolyar (Bankrupt) (Leave to Appeal) [2024] FCA 1425 Appeal from: Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 7) [2024] FCA 1068
File number(s): NSD 1332 of 2024
Judgment of: NEEDHAM J
Date of judgment: 12 December 2024
Catchwords: PRACTICE AND PROCEDURE – Application for leave to appeal from judgment determining application for the enforcement of orders and declarations made previously – no prospects of success. PRACTICE AND PROCEDURE - orders made pursuant to liberty to apply – purpose of liberty to apply – orders made consequential upon relief ordered in primary judgment – discussion of extent of liberty to apply.
Legislation: Bankruptcy Act 1966 (Cth) s 120 Federal Court Rules 2011 (Cth) rr 41.03 and 41.11
Cases cited: Abignano v Abigroup [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 Bofinger v Kingsway Group Ltd (2009) 239 CLR 269 Ogilvie v Ferry [2010] NSWSC 379 Parsons v McBain (2001) 109 FCR 120 Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 7) [2024] FCA 1068 Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar [2022] FCA 691 Stolyar v Scott (Leave to appeal) [2024] FCA 1182
Division: General Division
Registry: New South Wales
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