Hayes, in the matter of Pumpkin Patch Originals Limited (Administrators Appointed) (in Receivership) v Pumpkin Patch Originals Limited (Administrators Appointed) (in Receivership) [2016] FCA 1353

FEDERAL COURT OF AUSTRALIA

Hayes, in the matter of Pumpkin Patch Originals Limited (Administrators Appointed) (in Receivership) v Pumpkin Patch Originals Limited (Administrators Appointed) (in Receivership) [2016] FCA 1353 File number(s): NSD 1868 of 2016

Judge(s): JAGOT J

Date of judgment: 10 November 2016

Catchwords: BANKRUPTCY AND INSOLVENCY – recognition of proceedings as "foreign main proceedings" under Cross-Border Insolvency Act 2008 (Cth) – whether appointment of administrators in New Zealand by directors constitutes "foreign proceeding"

Legislation: Companies Act 1993 (NZ) s 239I Corporations Act 2001 (Cth) pt 5.3A Cross-Border Insolvency Act 2008 (Cth) s 6 Federal Court (Corporations) Rules 2000 (Cth) r 15A.6 Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law arts 2, 15, 16, 17

Date of hearing: 10 November 2016

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 17

Counsel for the Plaintiff: Mr D Sulan

Solicitor for the Plaintiff: Clayton Utz

Counsel for the Defendant: The Defendant did not appear

ORDERS NSD 1868 of 2016

IN THE MATTER OF PUMPKIN PATCH ORIGINALS LIMITED (ADMINISTRATORS APPOINTED) (IN RECEIVERSHIP) ARBN 083 321 046

BETWEEN: ANDREW HAYES, JOHN GRENFELL AND CONOR JOHN MCELHINNEY IN THEIR CAPACITY AS FOREIGN REPRESENTATIVES OF PUMPKIN PATCH ORIGINALS LIMITED (ADMINISTRATORS APPOINTED) (IN RECEIVERSHIP) Plaintiff