Stolyar & Anor v Scott in His Capacity As the Trustee Of the Bankrupt Estates Of Ian Stolyar And Beth Ngoc Nguyen
[2023] HCASL 129
STOLYAR & ANOR
v
SCOTT IN HIS CAPACITY AS THE TRUSTEE OF THE BANKRUPT ESTATES OF IAN STOLYAR AND BETH NGOC NGUYEN
[2023] HCASL 129
S58/2023
The applicants seek special leave to appeal from a unanimous decision of the Full Court of the Federal Court of Australia (Banks-Smith, Downes and Jackman JJ) dismissing an appeal from a decision of the Federal Court of Australia (Markovic J).
The Full Court was correct to refuse to permit the applicants to conduct, on appeal, a case which was not run at trial. Accordingly, the application for special leave is not a suitable vehicle to consider the point of principle raised. It follows that an appeal to this Court would have no prospects of success. The application should be dismissed.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.
J.J. Edelman S.H.P. Steward 7 September 2023
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