Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cussen v Bank of Nauru [2011] FCA 1009 Citation: Cussen v Bank of Nauru [2011] FCA 1009
Parties: NEIL CUSSEN v BANK OF NAURU
File number(s): NSD 718 of 2011
Judge: JACOBSON J
Date of judgment: 2 August 2011
Corrigendum 7 September 2011
Catchwords: CORPORATIONS – Application under Cross Border Insolvency Act 2008 (Cth) – Order by the District Court of Nauru for winding up of the Bank of Nauru – Application for recognition of proceeding as a "foreign proceeding" and as a "foreign main proceeding" – Substantive and procedural requirements
Legislation: Cross Border Insolvency Act 2008 (Cth), ss 4, 6, 8, 9, 10, 13, 14 sch 1 Cross Border Insolvency Regulations 2008 (Cth), reg 4 Federal Court (Corporations) Rules 2000 (Cth), r 15A Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, GA Res 52/158, 52nd sess, 72nd plen mtg, Agenda Item 148, UN Doc A/52/649 (30 January 1998, adopted 15 December 1997), arts 1, 2, 4, 15, 16, 17, 20
Cases cited: Hur v Samsun Logix Corporation [2009] FCA 372 referred to Katayama v Japan Airlines 79 ACSR 286 referred to Tucker; in the matter of Aero Inventory (UK) Limited v Aero Inventory (UK) Limited 76 ACSR 19 referred to
Date of hearing: 2 August 2011
Date of last submissions: 2 August 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 31
Counsel for the Plaintiff: Mr M J Dawson
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate