Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Suk v Hanjin Shipping Co Ltd [2017] FCA 404 File number(s): NSD 1634 of 2016
Judge(s): JAGOT J
Date of judgment: 12 April 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – Admiralty – Cross-Border Insolvency Act 2008 (Cth) – Recognition of foreign main proceeding and foreign representative – foreign proceeding terminated – failure to notify Court of termination of foreign proceeding – continued contravention of Model Law – orders made restraining disposal or transfer of Australian assets to protect Australian creditors
Legislation: Cross-Border Insolvency Act 2008 (Cth)
Cases cited: Board of Directors of Rizzo-Bottiglieri-De Carlini Armatori SpA v Rizzo-Bottiglieri-De Carlini Armatori SpA [2017] FCA 331 Tai-soo Suk v Hanjin Shipping Co Ltd [2016] FCA 1404
Date of hearing: 12 April 2017
Registry: New South Wales
Division: General Division
National Practice Area: Admiralty and Maritime
Number of paragraphs: 11
Category: Catchwords
Solicitor for the Plaintiff: Mr P Mills of Thomson Geer
Counsel for the Defendant: The Defendant did not appear
Table of Corrections
26 April 2017 In order 5(c), "11 April 2017" has been replaced with "12 April 2017"
ORDERS NSD 1634 of 2016
BETWEEN: TAI-SOO SUK AS CUSTODIAN OF HANJIN SHIIPING CO LTD Plaintiff AND: HANJIN SHIPPING CO LTD Defendant
JUDGE: JAGOT J DATE OF ORDER: 12 APRIL 2017
THE COURT ORDERS THAT:
1. Pursuant to Art 18 and Art 22(3) of the Model Law, paragraphs 4 and 5 of the orders made on 11 November 2016 be vacated, with effect from 2 February 2017. 2. The interim orders set out in paragraph 3 of the orders date 28 March 2017 be continued, pending further or other order. 3. Liberty to apply be granted to any creditor affected by paragraphs 7, 8, 9, or 10 of the orders of 11 November 2016. 4. The proceeding otherwise be dismissed. 5. The Registrar be directed to communicate with the Seoul Central District Court Bankruptcy Court (6th Division) and the Supreme Courts of the States and Territories of Australia, notifying the Courts of: (a) the orders of this Court of 11 November 2016; (b) the orders of this Court of 28 March 2017; (c) the reasons for judgment given on 12 April 2017; and (d) these orders. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate