Abate, in the matter of Rajii v Rajii [2017] FCA 1583

FEDERAL COURT OF AUSTRALIA

Abate, in the matter of Rajii v Rajii [2017] FCA 1583 File number: NSD 2118 of 2017

Judge: YATES J

Date of judgment: 5 December 2017

Catchwords: CORPORATIONS – application to serve court documents for recognition of a foreign main proceeding – application granted

Legislation: Cross-Border Insolvency Act 2008 (Cth) Federal Court (Bankruptcy) Rules 2016 (Cth) rr 14.03, 14.06, 14.08

Cases cited: Abate, in his capacity as Liquidator of Onix Capital SA [2017] FCA 751

Date of hearing: 5 December 2017

Registry: New South Wales

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 20

Counsel for the Applicant: Mr D R Sulan

Solicitor for the Applicant: Arnold Bloch Leibler

ORDERS NSD 2118 of 2017 IN THE MATTER OF ALBERTO SAMUEL CHANG RAJII BETWEEN: CARLOS ANTONIO PARADA ABATE, IN HIS CAPACITY AS LIQUIDATOR OF ALBERTO SAMUEL CHANG RAJII Applicant

AND: ALBERTO SAMUEL CHANG RAJII Respondent

JUDGE: YATES J DATE OF ORDER: 5 DECEMBER 2017

THE COURT ORDERS THAT:

1. Pursuant to rr 14.03(3)-(4), 14.06 and 14.08(1)-(2) of the Federal Court (Bankruptcy) Rules 2016 (Cth) (FC(B)R), the applicant serve the Application, and the affidavit sworn by Carlos Antonio Parada Abate on 14 November 2017 (without the exhibited documents) and the affidavit affirmed by John Mitchell on 5 December 2017 filed in support of the Application (the Documents): (a) on the Superintendent by posting or delivering the Documents to the Superintendente de Insolvencia y Reemprendimient, Hermanos Amunátegui N° 228, Santiago de Chile; (b) on the respondent by emailing the Documents to Alberto Samuel Chang Rajii at email address achr74@gmail.com, Alex Manuel Carocca Perez Moneda 920, Oficina 904 Santiago, Chile at email address acaroccap@gmail.com and Ivanna Alquinta at alquinta.ivanna@gmail.com; (c) on the Chilean criminal authorities by emailing the Documents to Carlos Gajardo Pinto, Head Prosecutor, Public Prosecutor's Office for Highly Complex Matters, at email address cgajardo@minpublico.d; (d) on Australia and New Zealand Banking Group Limited by posting or delivering the Documents to The Proper Officer, Australia and New Zealand Banking Group Limited, ANZ Centre Melbourne, Level 9, 833 Collins Street, Docklands VIC 3008; (e) on Donohoes Commercial Lawyers by emailing the Documents to Kerry Donohoe, Managing Partner, at the email address mail@donohoes.com.au; (f) the occupier(s) of 401/141-143 Elizabeth Street Sydney NSW 2000 by mailing the Documents to The Occupier(s), 401/141-143 Elizabeth Street Sydney NSW 2000; and (g) the Owners Corporation for Strata Plan 89074 by mailing the Documents to Suzanne Lang, Kemps Petersons Legal, PO Box K372 Haymarket NSW 1240. 2. Pursuant to rr 14.03(3)-(4) and 14.06 FC(B)R, the applicant publish a notice in the Boletín Concursal in both English and Spanish (to the extent practicable) substantially in the form annexed to these orders. 3. Pursuant to rr 14.03(3)-(4) and 14.06 FC(B)R, the applicant publish a notice in The Australian newspaper substantially in the form annexed to these orders. 4. The costs of this proceeding be costs of the liquidation of the respondent. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. ANNEXURE Form B20 Rule 14.06 Notice of filing of application for recognition of foreign proceeding No. NSD 2118 of 2017 Federal Court of Australia Alberto Samuel Chang Rajii To all the creditors of Alberto Samuel Chang Rajii Take notice that: 1 An application under the Cross-Border Insolvency Act 2008 for recognition of a foreign proceeding in relation to Alberto Samuel Chang Rajii was commenced by the applicant, Carlos Antonio Parada Abate, in his capacity as liquidator of Alberto Samuel Chang Rajii, on 1 December 2017 and will be heard by the Court at Law Courts Building, Queens Square, Sydney NSW Australia, at 10.15 am on 29 January 2018. Copies of documents filed may be obtained from the applicant's address for service. 2 The applicant's address for service is c/o John Mitchell, Arnold Bloch Leibler, Level 24, Chifley Tower, 2 Chifley Square, Sydney NSW Australia, solicitor for the applicant. Email: jmitchell@abl.com.au 3 Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and any affidavit on the applicant at the applicant's address for service at least 3 days before the date fixed for the hearing. 4 If you are a foreign creditor you must file in the registry of the Court at the address mentioned in paragraph 1 an affidavit setting out the details of any claim, secured or unsecured, that you may have against the debtor or bankrupt estate above at least 3 days before the date fixed for the hearing. Date: 5 December 2017 Name of applicant's lawyer: John Mitchell, ARNOLD BLOCH LEIBLER