Federal Court of Australia
Federal Court of Australia
Cowley as Trustee of the Bankrupt Estate of Lau v Lau, in the matter of Lau [2020] FCA 1164 File number: NSD 540 of 2020
Judgment of: GLEESON J
Date of judgment: 15 July 2020, 1 September 2020
Date of publication of reasons: 15 September 2020
Catchwords: PRACTICE AND PROCEDURE – cross-border insolvency – Hong Kong bankruptcy proceeding – application for recognition of a "foreign 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 – relief granted pursuant to Art 21 of the Model Law
Legislation: Cross-Border Insolvency Act 2008 (Cth) ss 6, 10, 13, 16, Sch 1 Federal Court (Bankruptcy) Rules 2016 (Cth) r 14.03 Bankruptcy Ordinance (Hong Kong) Cap 6 Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law Arts 1, 2, 4, 6, 15, 16, 17, 20, 21
Cases cited: Christie (Trustee); in the matter of Kian (Bankrupt) v Kian [2019] FCA 1141 Garrard v Email Furniture Pty Ltd (1993) 32 NSWLR 662 Jong (Trustee) v Au, in the matter of Au [2020] FCA 585 Kapila, In the matter of Edelsten [2014] FCA 1112 Official Assignee in Bankruptcy of the Property of McCormick v McCormick [2018] FCA 410 Town & Country Sport Resorts (Holdings) Pty Ltd v Partnership Pacific Ltd (1988) 20 FCR 540 Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd [2005] FCA 955
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate