Yushkova v Cook (Trustee), in the matter of the bankrupt estate of King

The applicant in this case, Ms Larisa Ivanova Yushkova, sought to prevent the sale of a property at Helensvale on the Gold Coast by the statutory trustees appointed for the bankrupt estate of Mr Jeremy King. Ms Yushkova claimed to be entitled to the entire beneficial interest in the property, and therefore sought to stay the orders of Judge Vasta of the Federal Circuit and Family Court of Australia permitting the sale to proceed. The legal issues before the court were whether there was an arguable point on appeal and whether the balance of convenience favoured a stay. The court found that Ms Yushkova had not demonstrated any error in the primary judge's reasons and that the orders should not be stayed. The court held that the starting position was that the successful party below should not be deprived of the fruits of their victory, and that the party seeking the order must demonstrate a real risk of prejudice if a stay is not granted. The court found that Ms Yushkova had not demonstrated such a risk and that the balance of convenience did not favour a stay. The application for a stay of the orders of Judge Vasta of 13 October 2022 is dismissed. Ms Larisa Ivanova Yushkova is ordered to pay the respondents' costs of the application.