Asafuji (in his capacity as the Foreign Representative of the Sanko Steamship Co., Ltd) v The Sanko Steamship Co., Ltd (No 2) [2012] FCA 1314

FEDERAL COURT OF AUSTRALIA

Asafuji (in his capacity as the Foreign Representative of the Sanko Steamship Co., Ltd) v The Sanko Steamship Co., Ltd (No 2) [2012] FCA 1314 Citation: Asafuji (in his capacity as the Foreign Representative of the Sanko Steamship Co., Ltd) v The Sanko Steamship Co., Ltd (No 2) [2012] FCA 1314

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: 23 November 2012

Catchwords: BANKRUPTCY AND INSOLVENCY – Cross-Border Insolvency Act 2008 (Cth) – application seeking orders which would stay the commencement or continuation of actions or proceedings against the defendant's assets – corporate reorganisation proceedings instituted in Japan – whether that proceeding is a "foreign proceeding" – whether that proceeding is a "foreign main proceeding" – scope of relief available under s 16 of the Act – application granted.

Legislation: Corporations Act 2001 (Cth) ss 440D(2), 440JA Cross-Border Insolvency Act 2008 (Cth), s 16, Sch 1, (Arts 2, 15, 16(3), 17, 20(1), 21, 22) Federal Court (Corporations) Rules 2000, r 1.8, 15A.7(1)

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

Date of hearing: 1 November 2012

Place: Melbourne

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 16

Counsel for the Plaintiff: Mr P Fary

Solicitor for the Plaintiff: DLA Piper