Young, Jr, in the matter of Buccaneer Energy Limited v Buccaneer Energy Limited [2014] FCA 711

FEDERAL COURT OF AUSTRALIA

Young, Jr, in the matter of Buccaneer Energy Limited v Buccaneer Energy Limited [2014] FCA 711 Citation: Young, Jr, in the matter of Buccaneer Energy Limited v Buccaneer Energy Limited [2014] FCA 711

Parties: JOHN T YOUNG JR, ON BEHALF OF DEBTOR-IN-POSSESSION OF BUCCANEER ENERGY LIMITED and another v BUCCANEER ENERGY LIMITED

File number(s): NSD 570 of 2014

Judge(s): JAGOT J

Date of judgment: 2 July 2014

Catchwords: PRIVATE INTERNATIONAL LAW – recognition of foreign main proceeding under Cross-Border Insolvency Act 2008 (Cth) and Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law – centre of main interests –whether, based on criteria objectively ascertainable by third parties, centre of main interests in United States – presumption under Article 16(3) that place of registered office is centre of debtor's main interests – whether presumption rebutted

Legislation: Cross-Border Insolvency Act 2008 (Cth) s 6, Sch 1 Articles 15, 16(3), 17(1), 17(2), 20, 21 Federal Court (Corporations) Rules 2000 (Cth), Rule 15A.3 Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (United Nations General Assembly Resolution A/RES/52/158 (1997), Annex) Articles 15, 16(3), 17(1), 17(2), 20, 21)

Cases cited: Ackers v Saad Investments Company Ltd (in liq) (2010) 190 FCR 285; [2010] FCA 1221 Moore, as Debtor-in-Possession of Australian Equity Investors v Australian Equity Investors [2012] FCA 1002 Re Eurofood IFSC Limited [2006] Ch 508; [2006] All ER(EC) 1078