Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Macks (Trustee), in the matter of the Bankrupt Estate of Moltoni [2020] FCA 1052 File number: SAD 84 of 2020
Judge: JAGOT J
Date of judgment: 23 July 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – recognition of foreign bankruptcy proceedings under the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law – ex parte application– application allowed
Legislation: Bankruptcy Act 1966 (Cth) Cross-Border Insolvency Act 2008 (Cth)
Cases cited: Moltoni v Macks as Trustee of the Bankrupt Estate of Moltoni (No 2) [2020] FCA 792
Date of hearing: Determined on the papers
Date of last submissions: 9 July 2020
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 19
Solicitor for the Applicant: Andreyev Lawyers
ORDERS SAD 84 of 2020 IN THE MATTER OF THE BANKRUPT ESTATE OF PETER MOLTONI PETER IVAN MACKS AS TRUSTEE FOR THE BANKRUPT ESTATE OF PETER MOLTONI Applicant
JUDGE: JAGOT J DATE OF ORDER: 23 July 2020
THE COURT ORDERS THAT:
1. The Affidavit of Peter Ivan Macks filed 3 June 2020 is to remain confidential in the court file in a sealed envelope marked 'confidential', such confidential affidavit not to be accessed by any person without order of the Court. 2. Any party affected by these orders is at liberty to apply upon 5 business days' notice. 3. The applicant's costs of and incidental to this proceeding be costs in the bankruptcy of the respondent. THE COURT: 4. Certifies the appointment of the applicant as the trustee in bankruptcy of Peter Moltoni and the consequential existence of bankruptcy proceedings for the purposes of Article 15(2) of Schedule 1 to the Cross-Border Insolvency Act 2008 (Cth) (the Model Law). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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