Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gladstone (Trustee) v Digrigoli [2016] FCA 1136 File number: QUD 541 of 2016
Judge: RANGIAH J
Date of judgment: 8 September 2016
Catchwords: BANKRUPTCY AND INSOLVENCY – foreign proceedings recognised under the UNCITRAL Model Law on Cross-Border Insolvency – recognition of United States proceeding as foreign proceeding – identification of centre of main interest – recognition of foreign main proceeding
Legislation: Cross-Border Insolvency Act 2008 (Cth) ss 6, 10 and 13 Federal Court (Bankruptcy) Rules 2016 (Cth) rr 14.07 and 14.08 UNCITRAL Model Law on Cross-Border Insolvency Arts 2, 4, 6, 15, 16 and 17
Cases cited: Gainsford v Tannenbaum (2012) 216 FCR 543 Kapila v Edelsten [2014] FCA 1112 Moore v Australian Equity Investors [2012] FCA 1002
Date of hearing: 8 September 2016
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 22
Solicitor for the Applicant: Mr S Butler with Ms J Humphreys of McCullough Robertson Lawyers
Counsel for the Respondent: The Respondent did not appear
ORDERS QUD 541 of 2016
BETWEEN: LESLIE THERESE GLADSTONE IN HER CAPACITY AS TRUSTEE IN BANKRUPTCY FOR THE ESTATE OF SILVANA DIGRIGOLI APPOINTED UNDER CHAPTER 7 OF THE BANKRUPTCY CODE (US) Applicant
AND: SILVANA DIGRIGOLI Respondent
JUDGE: RANGIAH J DATE OF ORDER: 8 SEPTEMBER 2016
THE COURT ORDERS THAT:
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