Kim v SW Shipping Co Ltd [2016] FCA 428

FEDERAL COURT OF AUSTRALIA

Kim v SW Shipping Co Ltd [2016] FCA 428 File number: SAD 443 of 2015

Judge: BESANKO J

Date of judgment: 28 April 2016

Catchwords: BANKRUPTCY AND INSOLVENCY – Admiralty – Cross-border insolvency – Recognition of foreign proceeding under Article 17(1) of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law – Recognition of foreign main proceeding pursuant to Article 17(2) – Recognition of foreign representative under Article 2(d) – Identification of debtors' centre of main interests – Notice of application for a warrant for the arrest of any vessel owned or charted by the defendant to be given to the plaintiff's legal representatives – Difficulties in effecting service on some of the defendant's creditors – requirements of Rules 15A.6 and 15A.7 of the Federal Court (Corporations) Rules 2000 (Cth)

Legislation: Admiralty Act 1988 (Cth) Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) ss 9, 416, 471B, 471C, 601CL Cross-Border Insolvency Act 2008 (Cth) ss 10, 16 Federal Court Rules 2011 (Cth) rr 1.8, 39.05, Div 10.4 Federal Court (Corporations) Rules 2000 (Cth) rr 1.3, 15A, 15A.6, 15A.7, 15A.9 Debtor Rehabilitation and Bankruptcy Act of Korea ss 24, 49 United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency (1997)

Cases cited: Re Minister for Immigration and Multicultural Affairs & Ors; Ex parte Radojicic (Unreported High Court of Australia, 21 January 2000, McHugh J) Tucker v Aero Inventory (UK) Ltd [2009] FCA 1354; (2009) 76 ACSR 19 Yakushiji v Daiichi Chuo Kisen Kaisha [2015] FCA 1170 Yu v STX Pan Ocean Co Ltd (South Korea) [2013] FCA 680; (2013) 223 FCR 189