Palmer (Trustee), in the matter of Slater (Bankrupt) (No 2) [2016] FCA 960

FEDERAL COURT OF AUSTRALIA

Palmer (Trustee), in the matter of Slater (Bankrupt) (No 2) [2016] FCA 960 File number: NSD 866 of 2016

Judge: GLEESON J

Date of judgment: 16 August 2016

Catchwords: BANKRUPTCY AND INSOLVENCY – application for recognition of a foreign main proceeding pursuant to the Cross-Border Insolvency Act 2008 (Cth) – foreign main proceeding recognised

Legislation: Cross-Border Insolvency Act 2008 (Cth) Bankruptcy Act 1966 (Cth) Federal Court (Bankruptcy) Rules 2016 (Cth) Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law

Cases cited: Palmer (Trustee), in the matter of Slater (Bankrupt) [2016] FCA 780

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 15

Counsel for the Applicant: Mr JT Johnson

Solicitor for the Applicant: O'Neill Partners Commercial Lawyers Incorporating Sally Nash & Co

ORDERS NSD 866 of 2016 IN THE MATTER OF DAVID ROSS SLATER, A BANKRUPT JULIE A PALMER AS TRUSTEE OF THE ESTATE OF DAVID ROSS SLATER, A BANKRUPT Applicant

JUDGE: GLEESON J DATE OF ORDER: 16 August 2016

THE COURT ORDERS THAT:

1. Pursuant to s 6 of the Cross Border Insolvency Act 2008 (Cth) ("Act"), article 15 and cl 1 of article 17 of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law ("Model Law") and r 14.03 of the Federal Court (Bankruptcy) Rules 2005 (Cth), the administration of the estate of David Ross Slater, a bankrupt, by the applicant pursuant to proceeding 0215 of 2015 in the Croydon County Court in the United Kingdom ("UK proceeding") be recognised as a foreign proceeding within the meaning of article 2(a) of the Model Law within Australia. 2. Pursuant to s 6 of the Act and cl 2(a) of article 17 of the Model Law, the UK proceeding be recognised as a foreign main proceeding within the meaning of article 2(c) of the Model Law within Australia. 3. Pursuant to s 6 and article 21(1)(e) of the Model Law, the administration and realisation of all of the assets of David Ross Slater located in Australia be entrusted to Jason Lloyd Porter and Richard Moretti of SV Partners Insolvency (NSW) Pty Ltd, of Level 7, 151 Castlereagh Street, Sydney in the state of New South Wales, as the local representatives of the applicant ("Australian representatives"). 4. Pursuant to s 6 of the Act and article 21(1)(g) of the Model Law, subject to the provisions of the Bankruptcy Act 1966 (Cth) ("Bankruptcy Act"), all powers normally available to a trustee in bankruptcy appointed under the provisions of the Bankruptcy Act be made available to the Australian representatives. 5. The costs of this proceeding be costs in and of the bankruptcy of Mr Slater and accorded the same priority as costs of proceedings incurred by a trustee in bankruptcy appointed under the Bankruptcy Act. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.