Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Parbery; in the matter of Lehman Brothers Australia Limited (in liq) [2011] FCA 1449 Citation: Parbery; in the matter of Lehman Brothers Australia Limited (in liq) [2011] FCA 1449
Parties: STEPHEN JAMES PARBERY and MARCUS WILLIAM AYRES IN THEIR CAPACITY AS LIQUIDATORS FOR LEHMAN BROTHERS AUSTRALIA LIMITED (IN LIQUIDATION) ACN 066 797 760
File number(s): NSD 2102 of 2011
Judge: JACOBSON J
Date of judgment: 15 December 2011
Catchwords: PRACTICE AND PROCEDURE – Co-operation between courts in different jurisdictions – Application made under Articles 25 & 27 of the Cross-Border Insolvency Act 2008 (Cth) for letter of request to be sent to United States court to act in aid of proceedings in Australia – issue of judicial comity – discussion of factors relevant to whether a letter of request should be sent – appropriate form and content of such a letter of request discussed
Legislation: Cross Border Insolvency Act 2008 (Cth), ss 6 and 8 United States Bankruptcy Code 11 USC §1525 (2011) Federal Court of Australia, Practice Note CORP 2 – Cross-Border Insolvency: Cooperation with Foreign Courts or Foreign Representatives, 1 August 2011 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 25 and 27 Guidelines Applicable to Court-to-Court Communication in Cross-Border Cases (The American Law Institute, 2000)
Cases cited: Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd [2011] 3 WLR 521 Lehman Brothers Special Financing Inc v BNY Corporate Trustee Services Ltd (United States Bankruptcy Court, Southern District of New York, Case No 08-13555, Adversary Proceeding No 09-01242, 25 January 2010) Perpetual Trustee Co Ltd v BNY Corporate Services Ltd [2009] 2 BCLC 400 Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd [2010] 2 BCLC 237 Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd [2010] Ch 347 T & N Ltd; Re [2005] BCC 982
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