Abate, in the matter of Chang Rajii v Chang Rajii (No 3) [2019] FCA 577

FEDERAL COURT OF AUSTRALIA

Abate, in the matter of Chang Rajii v Chang Rajii (No 3) [2019] FCA 577 File number: NSD 2118 of 2017

Judge: GLEESON J

Date of judgment: 22 March 2019

Date of publication of reasons: 24 April 2019

Catchwords: BANKRUPTCY AND INSOLVENCY – ex parte application – whether to grant further relief under Art 21 and Art 22 of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law ("Model Law"), as given force by s 6 of the Cross-Border Insolvency Act 2008 (Cth) – whether to facilitate the distribution of assets when Chilean freezing order has been lifted – whether the Federal Court has jurisdiction to make an order under s 138 Real Property Act 1900 (NSW) – whether to pay money held in the respondent's accounts and the proceeds of sale of property to the creditor and solicitors – whether to provide for examination of a witness at the request of a foreign representative – relief granted

Legislation: Bankruptcy Act 1966 (Cth) ss 32, 81 Cross-Border Insolvency Act 2008 (Cth) ss 6, 8 Federal Court of Australia Act 1976 s 53 Real Property Act 1900 (NSW) s 138 Real Property and Conveyancing Legislation Amendment Act 1999 No 58 (NSW) Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (1997) Arts 2, 21, 22 United National Convention on Transnational Organized Crime 2000

Cases cited: Commonwealth of Australia v State of New South Wales; in the matter of Condobolin Bila CDEP Ltd [2006] FCA 1330; (2006) 59 ACSR 682 Crumpler (as liquidator and joint representative) of Global Tradewaves Ltd (a company registered in British Virgin Islands) v Global Tradewaves (in liquidation) [2013] FCA 1127; (2013) 246 FCR 138 Turner v Official Trustee in Bankruptcy [1999] FCA 1817; (1999) 97 FCR 241