Wong (Trustee), in the matter of Mackellar (Bankrupt) v Mackellar [2020] FCA 1151

FEDERAL COURT OF AUSTRALIA

Wong (Trustee), in the matter of Mackellar (Bankrupt) v Mackellar [2020] FCA 1151 File number: QUD 186 of 2020

Judgment of: DERRINGTON J

Date of judgment: 12 August 2020

Catchwords: BANKRUPTCY – application for recognition of a foreign proceeding as a foreign main proceeding or foreign non-main proceeding pursuant to the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law – Hong Kong proceedings – respondent filed no evidence in opposition and did not oppose orders – individual's centre of main interest in Hong Kong despite having departed that country and not returned – absence of evidence of habitual residence BANKRUPTCY – ancillary relief sought under Art 21 of the Model Law – orders made staying any proceedings against the debtor or any of his assets, a stay on enforcement of judgments or orders, and suspension of dealings in his property granted – order made that the administration and realisation of the debtor's assets located in Australia be entrusted to the foreign representatives – order made that all powers normally available to a trustee in bankruptcy under the Bankruptcy Act 1966 (Cth) be made available to the foreign representatives

Legislation: Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) Cross-Border Insolvency Act 2008 (Cth) Federal Court (Bankruptcy) Rules 2016 (Cth) Convention on the Civil Aspects of International Child Abduction European Union Convention on Insolvency Proceedings 1995 Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law