Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gainsford, in the matter of Tannenbaum v Tannenbaum [2012] FCA 904 Citation: Gainsford, in the matter of Tannenbaum v Tannenbaum [2012] FCA 904
Parties: GAVIN CECIL GAINSFORD, SHIRISHKUMAR JIVAN KALIANJEE AND VINCENT TSIU MATSEPE AS JOINT TRUSTEES IN THE INSOLVENT ESTATE OF BARRY DEON TANNENBAUM v BARRY DEON TANNENBAUM
File number: QUD 216 of 2012
Judge: LOGAN J
Date of judgment: 24 August 2012
Catchwords: PRIVATE INTERNATIONAL LAW – bankruptcy and insolvency – cross-border insolvency – foreign insolvency proceedings – application for recognition of foreign main proceeding pursuant to the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law – individual's centre of main interests – presumption that individual's centre of main interests is "habitual residence" – application of presumption – individual not habitually resident in foreign jurisdiction – application for recognition of foreign main proceeding dismissed PRIVATE INTERNATIONAL LAW – bankruptcy and insolvency – cross-border insolvency foreign insolvency proceedings – application for recognition of foreign non-main proceeding pursuant to the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law – individual's "establishment" – requirement for inter alia "place of operations" in foreign jurisdiction not satisfied – application for recognition of foreign non-main proceeding dismissed BANKRUPTCY AND INSOLVENCY – jurisdiction and powers of courts in bankruptcy – assistance to courts of other nations exercising an insolvency jurisdiction –bankrupt resident in Australia – letter of request from foreign court not a "prescribed country" for the purposes of s 29(2)(a) of the Bankruptcy Act 1966 (Cth) – judicial discretion per s 29(2)(b) Bankruptcy Act 1966 (Cth) – provision of assistance granted
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