Official Assignee in Bankruptcy of the Property of Hanna, in the matter of Hanna v Hanna [2018] FCA 156

FEDERAL COURT OF AUSTRALIA

Official Assignee in Bankruptcy of the Property of Hanna, in the matter of Hanna v Hanna [2018] FCA 156 File number: NSD 1536 of 2017

Judge: GLEESON J

Date of judgment: 27 February 2018

Catchwords: BANKRUPTCY AND INSOLVENCY whether to provide assistance to New Zealand Official Assignee in Bankruptcy under s 29 of the Bankruptcy Act 1966 (Cth) and s 10 of the Cross-Border Insolvency Act 2008 (Cth) ("Cross-Border Insolvency Act") – assistance granted – whether to recognise New Zealand bankruptcy as a foreign proceeding or foreign main proceeding pursuant to the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law ("Model Law") as given force by s 6 to the Cross-Border Insolvency Act and grant relief under Art 21 of the Model Law – New Zealand proceeding recognised as foreign proceeding, but not foreign main proceeding

Legislation: Bankruptcy Act 1966 (Cth) ss 29, 54, 81 Cross-Border Insolvency Act 2008 (Cth) ss 6, 10, 10(a), 13, 21 Federal Court (Bankruptcy) Rules 2016 (Cth) r 14.03, r (2)((a) and (b) Insolvency Act 2006 (NZ) ss 101, 102, 147, 295(1)(a), 399, 4111(1)

Cases cited: Ayres v Evans (1981) 39 ALR 129 Gainsford v Tannenbaum [2012] FCA 904; (2012) 216 FCR 543 In Re Ayres; Ex parte Evans (1981) 34 ALR 582 Kapila, Re Edelsten [2014] FCA 1112; (2014) 320 ALR 506 Radich v Bank of New Zealand (1993) 45 FCR 101 Re Cooksley [2017] FCA 1193 Re Osborn [1931–32] B & CR 189