Crumpler (as liquidator and joint representative) of Global Tradewaves Ltd (a company registered in the British Virgin Islands) v Global Tradewaves (in liquidation), in the matter of Global Tradewaves Ltd (in liquidation) [2013] FCA 1127

FEDERAL COURT OF AUSTRALIA

Crumpler (as liquidator and joint representative) of Global Tradewaves Ltd (a company registered in the British Virgin Islands) v Global Tradewaves (in liquidation), in the matter of Global Tradewaves Ltd (in liquidation) [2013] FCA 1127 Citation: Crumpler (as liquidator and joint representative) of Global Tradewaves Ltd (a company registered in the British Virgin Islands) v Global Tradewaves (in liquidation), in the matter of Global Tradewaves Ltd (in liquidation) [2013] FCA 1127

Parties: CRUMPLER (AS LIQUIDATOR AND JOINT REPRESENTATIVE) OF GLOBAL TRADEWAVES LTD (A COMPANY REGISTERED IN THE BRITISH VIRGIN ISLANDS) v GLOBAL TRADEWAVES (IN LIQUIDATION), IN THE MATTER OF GLOBAL TRADEWAVES LTD (IN LIQUIDATION)

File number: QUD 688 of 2013

Judge: LOGAN J

Date of judgment: 28 October 2013

Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency – UNCITRAL Model Law on Cross-Border Insolvency (Model Law) – Cross-Border Insolvency Act 2008 (Cth) – application for recognition of proceedings in British Virgin Islands as a "foreign proceeding" under the Model Law given force of law in Australia by section 6 of the Cross-Border Insolvency Act 2008 (Cth) – application for summons of the examination of a former company director of now insolvent corporation pursuant to Article 21(1)(d) of the Model Law and section 581 and section 596B of the Corporations Act 2001 (Cth), each as applied by section 8 of the Cross-Border Insolvency Act 2008 (Cth)

Legislation: Corporations Act 2001 (Cth) Corporations Regulations 2001 (Cth) Cross-Border Insolvency Act 2008 (Cth) Evidence Act 1995 (Cth) Federal Court (Bankruptcy) Rules 2005 (Cth) Insolvency Act 2003 (BVI) Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law