Board of Directors of Rizzo-Bottiglieri-De Carlini Armatori SpA v Rizzo-Bottiglieri-De Carlini Armatori SpA [2018] FCA 153

FEDERAL COURT OF AUSTRALIA

Board of Directors of Rizzo-Bottiglieri-De Carlini Armatori SpA v Rizzo-Bottiglieri-De Carlini Armatori SpA [2018] FCA 153 File numbers: NSD 161 of 2017 NSD 110 of 2018

Judge: RARES J

Date of judgment: 5 February 2018

Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency– where foreign court terminates proceeding for which Federal Court granted interim relief under Art 19 of Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law pursuant to Cross-Border Insolvency Act 2008 (Cth) – where Art 18 requires foreign representative to inform Court of substantial change in status – where foreign representative fails to apply for discharge of interim relief orders after foreign court terminates proceeding – whether foreign trustees in subsequent bankruptcy proceeding can intervene in local proceeding under r 9.12 of Federal Court Rules 2011 – whether court should vacate interim recognition orders with retrospective effect to date foreign court terminated proceeding BANKRUPTCY AND INSOLVENCY – cross-border insolvency – whether foreign shipping line required to advertise in Australian daily newspaper notice of recognition of foreign proceeding under rr 15A.6 and 15A.9 of Federal Court (Corporations Rules) 2000 – whether "State or Territory" in rr 15A.6 and 15A.9 within Australia or where debtor's centre of main interests located BANKRUPTCY AND INSOLVENCY – cross-border insolvency – application for recognition of a foreign bankruptcy proceeding – form of interim stay order under Arts 17 and 19 – whether stay order analogous to stay order under ss 471B and 471C of Corporations Act 2001 (Cth)