Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Weinstein (Trustee) v Morris [2016] FCA 993 File number: WAD 145 of 2016
Judge: GILMOUR J
Date of judgment: 9 June 2016
Catchwords: BANKRUPTCY AND INSOLVENCY - cross-border insolvency – US bankruptcy proceeding – recognition of US bankruptcy proceeding as foreign main proceeding under the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law
Legislation: Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) ss 9, 416, 601CL Cross-Border Insolvency Act 2008 (Cth) s 13 Federal Court (Bankruptcy) Rules 2016 (Cth) rr 14.03, 14.07(1)(d) Model Law on Cross-Border Insolvency of the United Nation's Commission on International Trade Law, Articles 2, 15, 15(1), 17, 21(2), 22(1)
Cases cited: Gainsford and Ors v Tannenbaum [2012] FCA 904 Kapila, Re Edelsten [2014] FCA 1112 Moore (as debtor-in-possession of Australian Equity Investors) v Australian Equity Investors [2012] FCA 1002
Date of hearing: 9 June 2016
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub Area: General and Personal Insolvency
Number of paragraphs: 43
Counsel for the Applicant: Mr L Christensen
Counsel for the Respondent: The Respondent did not appear
ORDERS WAD 145 of 2016
BETWEEN: MARLEEN G WEINSTEIN IN HER CAPACITY AS TRUSTEE IN BANKRUPTCY FOR THE ESTATE OF LILIAN MORRIS (AKA SHAMS AZAR YOUSEFI TEHRANI) APPOINTED UNDER CHAPTER 7 OF THE BANKRUPTCY CODE (US) Applicant
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