FEDERAL COURT OF AUSTRALIA Murakami, in the matter of Murakami [2011] FCA 844 Citation: Murakami, in the matter of Murakami [2011] FCA 844 Parties: HIROSHI MURAKAMI File number: QUD 68 of 2011 Judge: DOWSETT J Date of judgment: 22 July 2011 Date of hearing: 22 July 2011 Place: Brisbane Division: GENERAL DIVISION Category: No catchwords Number of paragraphs: 3 Counsel for the Applicant: Mr DJ Topp Solicitor for the Applicant: Fitz-Walter Lawyers IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 68 of 2011 HIROSHI MURAKAMI Applicant JUDGE: DOWSETT J DATE: 22 JULY 2011 PLACE: BRISBANE REASONS FOR JUDGMENT 1 On a previous occasion, I concluded that the bankruptcy proceedings commenced in Japan in this matter should be recognised, subject only to ensuring that appropriate notice had been given to creditors. The evidence discloses that the applicant, who is the trustee in Japan, is aware of certain Australian creditors and has communicated with them. He has subsequently advertised appropriately. In those circumstances, I am satisfied to make an order recognising the relevant proceedings pursuant to the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency. 2 A question then arises as to how the trustee should deal with the property. It seems to me to be appropriate that he be entrusted, pursuant to Art 21, with the distribution of the relevant debtor's assets and estate, namely, the property described as Lot 99 on BUP 106856 in the county of Ward, Parish of Gilston. He proposes to seek transmission pursuant to s 115 of the Land Title Act 1994 (Qld). This seems appropriate. I am satisfied that the interests of creditors of the estate, within Australia are adequately protected, and that the relevant asset should be administered in the Japanese bankruptcy proceedings. 3 I shall order accordingly. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. Associate: Dated: 7 September 2011