Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yakushiji v Daiichi Chuo Kisen Kaisha (No 2) [2016] FCA 1277 File numbers: NSD 1197 of 2015 NSD 1198 of 2015
Judge: ALLSOP CJ
Date of judgment: 17 October 2016
Catchwords: BANKRUPTCY AND INSOLVENCY –cross-border insolvency – substantial change in relation to recognised foreign proceeding in circumstances where rehabilitation proceedings have been terminatedorders made vacating prior recognition orders
Legislation: Bankruptcy Act 1966 (Cth) Civil Rehabilitation Act of Japan (Minji saisei hô, Law no. 225/1999) Cross-Border Insolvency Act 2008 (Cth), ss 6, 16 Corporations Act 2001 (Cth), s 581 United States Bankruptcy Code United Nations Commission on International Trade Law, Model Law on Cross Border Insolvency (1997), Arts 2, 15, 17, 18, 21 UNCITRAL Model Law on Cross-Border Insolvency with Guide to Enactment and Interpretation (United Nations, 2014)
Cases cited: Yakushiji v Daiichi Chuo Kisen Kaisha [2015] FCA 1170 In re Daewoo Logistics Corporation, 2011 WL 4706197 (October 5, 2011, Bankr. SDNY)
Date of hearing: 17 October 2016
Date of publication of reasons: 31 October 2016
Registry: New South Wales
Division: General Division
National Practice Areas: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 28
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