Asafuji (in his capacity as the Foreign Representative of the Sanko Steamship Co., Ltd) v The Sanko Steamship Co., Ltd [2012] FCA 1154

FEDERAL COURT OF AUSTRALIA

Asafuji (in his capacity as the Foreign Representative of the Sanko Steamship Co., Ltd) v The Sanko Steamship Co., Ltd [2012] FCA 1154 Citation: Asafuji (in his capacity as the Foreign Representative of the Sanko Steamship Co., Ltd) v The Sanko Steamship Co., Ltd [2012] FCA 1154

Parties: HISASHI ASAFUJI IN HIS CAPACITY AS THE FOREIGN REPRESENTATIVE OF THE SANKO STEAMSHIP CO., LTD v THE SANKO STEAMSHIP CO., LTD

File number: VID 794 of 2012

Judge: BROMBERG J

Date of judgment: 15 October 2012

Catchwords: BANKRUPTCY AND INSOLVENCY – defendant subject to corporate reorganisation proceedings in Japan – interlocutory application under the Cross-Border Insolvency Act 2008 (Cth) for relief to protect assets of the defendant which may enter Australia – prima facie case that elements required for relief made out – balance of convenience favours the grant of relief.

Legislation: Cross-Border Insolvency Act 2008 (Cth), Sch 1, (Arts 2, 19, 21) Federal Court (Corporations) Rules 2000, rr 1.8, 2.7, 15A.3, 15A.4, 15A.6

Date of hearing: 15 October 2012

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 5

Counsel for the Plaintiff: Mr P Fary

Solicitor for the Plaintiff: DLA Piper

Counsel for the Defendant: The defendant did not appear

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 794 of 2012

BETWEEN: HISASHI ASAFUJI IN HIS CAPACITY AS THE FOREIGN REPRESENTATIVE OF THE SANKO STEAMSHIP CO., LTD

Plaintiff

AND: THE SANKO STEAMSHIP CO., LTD