Gladstone (Trustee) v Digrigoli (No 2) [2016] FCA 1220

FEDERAL COURT OF AUSTRALIA

Gladstone (Trustee) v Digrigoli (No 2) [2016] FCA 1220 File number: QUD 541 of 2016

Judge: RANGIAH J

Date of judgment: 7 October 2016

Catchwords: BANKRUPTCY AND INSOLVENCY – foreign proceedings under the UNCITRAL Model Law on Cross-Border Insolvency – orders allowing administration, realisation and distribution of Australian asset by USA bankruptcy trustee

Legislation: Bankruptcy Act 1966 (Cth) Cross-Border Insolvency Act 2008 (Cth) ss 6, 8 and 11 UNCITRAL Model Law on Cross-Border Insolvency Arts 17, 21 and 22 United States Bankruptcy Code s 541

Date of hearing: 7 October 2016

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Category: Catchwords

Number of paragraphs: 11

Solicitor for the Applicant: Mr S Butler of McCullough Robertson

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: 7 OCTOBER 2016

THE COURT ORDERS THAT:

1. Pursuant to s 6 of the Cross-Border Insolvency Act 2008 (Cth) and articles 21(1)(e) and 21(2) of the UNCITRAL Model Law on Cross-Border Insolvency (Model Law), the administration, realisation or distribution of the respondent's assets, located in Australia, be entrusted to the foreign representative of the applicant. 2. Pursuant to 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 applicant. 3. The Public Trustee of Queensland transfer to the applicant, after deduction of any fees, all monies it holds consequent upon payment to it by the Western Downs Regional Council on or about 20 May 2015, of the proceeds of sale of real property located in Queensland, and more properly described as Lot 11 on RP 184125, County of Auburn, Parish of Bartsch, Local Government of Western Downs, Title Reference 16751227 – including any accretions on the money since received by the Public Trustee, by paying such monies into the trust account of the applicant's lawyers, McCullough Robertson Lawyers. 4. Each party and all other persons affected by these orders, has liberty to apply on three (3) business days' notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.