Federal Court of Australia
Federal Court of Australia
Scott (Trustee), in the matter of Stolyar (Bankrupt) v Stolyar (No 8) [2025] FCA 20 File number: NSD 861 of 2019
Judgment of: MARKOVIC J
Date of judgment: 28 January 2025
Catchwords: PRACTICE AND PROCEDURE – consent orders giving effect to judgment – construction of orders – applications dismissed
Cases cited: Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd (2017) 94 NSWLR 606
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 53
Date of hearing: 2 December 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
AND: FAINA STOLYAR First Respondent
FANCHEL PTY LTD Second Respondent
order made by: MARKOVIC J DATE OF ORDER: 28 January 2025
THE COURT ORDERS THAT: 1. The time by which the first respondent is to file her interlocutory application dated 26 June 2024 is extended to 26 June 2024 (First IA). 2. The First IA is dismissed. 3. The first respondent is to pay the applicant: (a) $6,262,434.44; and (b) pre-judgment interest upon that amount from 29 April 2020, calculated in accordance with Practice Note GPN-INT. 4. The interlocutory application filed by the first respondent on 26 November 2024 (Second IA) is dismissed. 5. The first respondent is to pay the applicant's costs of the First IA and the Second IA. 6. The interlocutory application filed by the applicant on 21 August 2024 is otherwise dismissed with no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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