Appleyard, in the matter of Crawford Farms Limited v Crawford Farms Limited [2012] FCA 1373

FEDERAL COURT OF AUSTRALIA

Appleyard, in the matter of Crawford Farms Limited v Crawford Farms Limited [2012] FCA 1373 Citation: Appleyard, in the matter of Crawford Farms Limited v Crawford Farms Limited [2012] FCA 1373

Parties: ANDREW APPLEYARD AND CHRISTOPHER RATTEN IN THEIR CAPACITY AS THE FOREIGN REPRESENTATIVES OF CRAWFORD FARMS LIMITED (ADMINISTRATORS APPOINTED) UNITED KINGDOM COMPANY NUMBER 03451799 v CRAWFORD FARMS LIMITED (ADMINISTRATORS APPOINTED) UNITED KINGDOM COMPANY NUMBER 03451799

File number: VID 466 of 2012

Judge: NORTH J

Date of judgment: 8 November 2012

Catchwords: INSOLVENCY – application for recognition of foreign proceeding under the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law given force of law in Australia by s 6 of the Cross-Border Insolvency Act 2008 (Cth) – debtor's centre of main interests – presumption centre of main interests deemed to be where registered office is absent of proof under Art 16(3) – presumption rebutted as there was contrary evidence – whether order should be made appointing a local representative to administer debtor's Australian assets under Art 21(1)(e) – whether additional relief under Art 21(1)(g) includes powers that may be available to an administrator under s 437A of the Corporations Act 2001 (Cth)

Legislation: Cross-Border Insolvency Act 2008 (Cth) ss 6, 11, 19 Corporations Act 2001 (Cth) s 437A Federal Court (Corporations Rules) 2000 (Cth) r 15A.7 Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law Arts 2, 4, 15, 16(3), 17, 20, 21