Raithatha (liquidator) v Ariel Industries PLC (in creditors voluntary liquidation), in the matter of Ariel Industries PLC (in creditors voluntary liquidation) [2012] FCA 1526

FEDERAL COURT OF AUSTRALIA

Raithatha (liquidator) v Ariel Industries PLC (in creditors voluntary liquidation), in the matter of Ariel Industries PLC (in creditors voluntary liquidation) [2012] FCA 1526 Citation: Raithatha (liquidator) v Ariel Industries PLC (in creditors voluntary liquidation), in the matter of Ariel Industries PLC (in creditors voluntary liquidation) [2012] FCA 1526

Parties: SITUL DEVJI RAITHATHA AS LIQUIDATOR OF ARIEL INDUSTRIES PLC (IN CREDITORS VOLUNTARY LIQUIDATION) AND AS LIQUIDATOR OF ARIEL FASTENERS LTD (IN CREDITORS VOLUNTARY LIQUIDATION) v ARIEL INDUSTRIES PLC (IN CREDITORS VOLUNTARY LIQUIDATION) and ARIEL FASTENERS LTD (IN CREDITORS VOLUNTARY LIQUIDATION)

File number: NSD 1677 of 2012

Judge: YATES J

Date of judgment: 30 November 2012

Catchwords: CORPORATIONS – cross-border insolvency – application for recognition of foreign proceeding, pursuant to s 6 of the Cross-Border Insolvency Act 2008 (Cth) and Art 17(1) of the UNCITRAL Model Law on Cross-Border Insolvency, and related orders – liquidator of defendant companies in the United Kingdom seeking to realise the defendants' Australian assets – whether the creditors' voluntary winding up of each defendant in the United Kingdom is a "foreign proceeding" and a "foreign main proceeding" – whether the plaintiff is a "foreign representative" – whether all the procedural requirements have been met

Legislation: Acts Interpretation Act 1901 (Cth) s 15AB Corporations Act 2001 (Cth) Cross-Border Insolvency Act 2008 (Cth) ss 6, 8, 10, 13 Federal Court (Corporations) Rules 2000 (Cth) Div 15A Insolvency Act 1986 (UK) ss 89, 90, 107, 108, 109, 112, 116, 165, 166, 251, Sch B1 UNCITRAL Model Law on Cross-Border Insolvency, Arts 2, 8, 15, 17, 20, 21