Pink v MF Global UK Limited (In Special Administration) [2012] FCA 260

FEDERAL COURT OF AUSTRALIA

Pink v MF Global UK Limited (In Special Administration) [2012] FCA 260 Citation: Pink v MF Global UK Limited (In Special Administration) [2012] FCA 260

Parties: MICHAEL ROBERT PINK AS A JOINT SPECIAL ADMINISTRATOR OF MF GLOBAL UK LIMITED (IN SPECIAL ADMINISTRATION), RICHARD DIXON FLEMING AS A JOINT SPECIAL ADMINISTRATOR OF MF GLOBAL UK LIMITED (IN SPECIAL ADMINISTRATION and RICHARD HEIS AS A JOINT SPECIAL ADMINISTRATOR OF MF GLOBAL UK LIMITED (IN SPECIAL ADMINISTRATION) v MF GLOBAL UK LIMITED (IN SPECIAL ADMINISTRATION) ABN 67 116 205 442

File number: NSD 2348 of 2011

Judge: EMMETT J

Date of judgment: 8 February 2012

Catchwords: CORPORATIONS – insolvency – application under Cross-Border Insolvency Act 2008 (Cth) applying UNCITRAL Model Law on Cross-Border Insolvency for recognition of United Kingdom proceeding as foreign main proceeding and for consequential relief – whether order should be made under art 21(1)(e) entrusting debtor's Australian assets to foreign representative – whether order should be made under art 21(1)(d) empowering foreign representative to examine witnesses, take evidence and obtain delivery of information concerning debtor's assets, affairs, rights, obligations and liabilities – whether order should be made under art 21(1)(g) making available to foreign representatives all powers normally available to liquidators under the Corporations Act 2001 (Cth) – whether order should be made under art 21(1)(a) extending stay provided for in art 20(1)(a) to any individual action or legal proceeding, including, without limitation, any arbitration, mediation or quasi judicial administrative action, proceeding or process