Yushkova v Cook (Trustee) in the matter of the bankrupt estate of King (No 2)

In the case of Yushkova v Cook (Trustee) in the matter of the bankrupt estate of King (No 2), the court dealt with an appeal filed by Larisa Ivanovna Yushkova and Jeremy David Allen King against orders made by Judge Vasta on 13 October 2022. The appeal, which was filed on 4 November 2022, concerns two decisions made by Judge Vasta and raises issues such as the existence of a resulting trust over a property, the constitutionality of trustee fees being taken from a non-bankrupt individual, and allegations of discrimination and dishonesty against the appellant. The appeal also seeks the return of a deposit paid by Yushkova and penalties against the trustee for certain actions.

The central legal issue before the court was whether the second appellant, Jeremy David Allen King, had standing to file the appeal. The court noted that the second appellant's interests were vested in the joint trustees and that he did not claim any relief or appeal any decision made against him. Therefore, the court held that the second appellant's appeal was not competent. The court also found that the appeal was out of time with respect to the first Judge Vasta decision but within time for the second Judge Vasta decision. However, the joint trustees did not object to the timing of the notice of appeal concerning Ms Yushkova.

The court ordered that the time for the respondents to file a Notice of Objection to Competency be extended to 23 January 2023. Additionally, the court directed the joint trustees to provide a draft set of orders reflecting these reasons by 10.00 am on Wednesday, 26 July 2023.