Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Didyasarin v Thai Airways International Public Company Limited [2020] FCA 1154 File number: NSD 685 of 2020
Judge: MARKOVIC J
Date of judgment: 3 August 2020
Date of publication of reasons: 12 August 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency – application for recognition of foreign proceeding pursuant to Art 17 of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (Model Law) and s 6 of the Cross-Border Insolvency Act 2008 (Cth) (CBI Act) – application for orders pursuant to Art 20 of the Model Law and s 16 of the CBI Act for the scope and modification or termination of a stay to be the same as would apply if it arose under Pt 5.3A of the Corporations Act 2001 (Cth) – application allowed
Legislation: Corporations Act 2001 (Cth), Pt 5.3A Cross-Border Insolvency Act 2008 (Cth), ss 6, 10, 13, 16 Federal Court (Corporations) Rules 2000 (Cth), Div 15A
Cases cited: Hur v Samsun Logix Corporation [2009] FCA 372 Kapila, in the matter of Edelsten [2014] FCA 1112; (2014) 320 ALR 506 Senvion GmbH, in the matter of Senvion GmbH (No 2) [2019] FCA 1732; (2019) 140 ACSR 20 Wood v Astra Resources Ltd [2016] FCA 1192
Date of hearing: 3 August 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
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