Moore, as Debtor-in-Possession of Australian Equity Investors v Australian Equity Investors [2012] FCA 1002

FEDERAL COURT OF AUSTRALIA

Moore, as Debtor-in-Possession of Australian Equity Investors v Australian Equity Investors [2012] FCA 1002 Citation: Moore, as Debtor-in-Possession of Australian Equity Investors v Australian Equity Investors [2012] FCA 1002

Parties: GREGORY MOORE AS DEBTOR-IN-POSSESSION OF AUSTRALIAN EQUITY INVESTORS (AN ARIZONA LIMITED PARTNERSHIP) AND THE 258 NEST (AN ARIZONA LIMITED PARTNERSHIP) v AUSTRALIAN EQUITY INVESTORS, THE 258 NEST and COLLIERS INTERNATIONAL (NSW) PTY LIMITED ACN 001 401 681

File number: NSD 882 of 2012

Judge: EMMETT J

Date of judgment: 5 September 2012

Catchwords: CORPORATIONS – insolvency – application under Cross-Border Insolvency Act 2008 (Cth) applying UNCITRAL Model Law on Cross-Border Insolvency for recognition of Arizona (US) proceeding as foreign main proceeding – debtor's centre of main interests – presumption that place of registered office is centre of main interests – whether presumption rebutted – relevance of creditors' perceptions as to debtor's centre of main interests – permanence of centre of main interests

Legislation: Bankruptcy Code (US) s 362, Chapters 3, 11 of Title 11 Cross-Border Insolvency Act 2008 (Cth) s 6 Federal Court (Corporations) Rules 2000, rules 2.11, 2.7(1), 15A.3(3), 15A.7(1) Trade Practices Act 1974 (Cth), ss 52, 53(a) UNCITRAL Model Law on Cross-Border Insolvency, articles 2, 4, 6, 15, 16, 17, 21 Uniform Limited Partnership Act (Arizona, US) s 59-305

Cases cited: Shierson v Vlieland-Boddy [2005] EWCA Civ 974, [2005] 1 WLR 3966