Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yu v STX Pan Ocean Co Ltd (South Korea), in the matter of STX Pan Ocean Co Ltd (receivers appointed in South Korea) [2013] FCA 680 Citation: Yu v STX Pan Ocean Co Ltd (South Korea), in the matter of STX Pan Ocean Co Ltd (receivers appointed in South Korea) [2013] FCA 680
Parties: CHUN IL YU IN HIS CAPACITY AS FOREIGN REPRESENTATIVE OF STX PAN OCEAN CO LTD (SOUTH KOREA) v STX PAN OCEAN CO LTD (RECEIVERS APPOINTED IN SOUTH KOREA)
File number: NSD 1178 of 2013
Judge: BUCHANAN J
Date of judgment: 11 July 2013
Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency – recognition of foreign proceedings – rights of secured creditors – right to commence proceedings with leave ADMIRALTY – maritime lien – actions in rem – whether "additional orders" under the Model Law concerning cross-border insolvency
Legislation: Admiralty Act 1988 (Cth) Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) Cross-Border Insolvency Act 2008 (Cth)
Cases cited: Aichhorn & Co KG and Switzerland General Insurance Co Ltd v The Ship MV "Talabot" (1974) 132 CLR 449 Re Aro Co Ltd [1980] Ch 196; 1 All ER 1067 The "Bold Buccleugh" (1851) 13 ER 884; 7 Moo PC 267 Johnson v Black; The "Two Ellens" (1872) LR 4 PC 161
Date of hearing: 9 July 2013
Date of last submissions: 8 July 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 48
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