Federal Court of Australia
Federal Court of Australia
Didyasarin v Thai Airways International Public Company Limited (No 2) [2020] FCA 1509 File number: NSD 685 of 2020
Judgment of: MARKOVIC J
Date of judgment: 14 October 2020
Date of publication of reasons 19 October 2020
Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency – application for recognition of a change in foreign representatives within the meaning of Art 2(d) of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law – application allowed
Legislation: Cross-Border Insolvency Act 2008 (Cth)
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 15
Date of hearing: 14 October 2020
Counsel for the Plaintiffs: Mr S J Maiden QC and Ms E L Beechey
Solicitor for the Plaintiffs: Baker McKenzie
ORDERS NSD 685 of 2020
BETWEEN: AIR CHIEF MARSHAL CHAIYAPRUK DIDYASARIN AND MR PERAPHON THAWORNSUPACHAROEN IN THEIR CAPACITY AS FOREIGN REPRESENTATIVES OF THAI AIRWAYS INTERNATIONAL PUBLIC COMPANY LIMITED Plaintiffs
AND: THAI AIRWAYS INTERNATIONAL PUBLIC COMPANY LIMITED Defendant
order made by: MARKOVIC J DATE OF ORDER: 14 OCTOBER 2020
THE COURT ORDERS THAT:
1. The plaintiffs have leave to amend the originating process to remove Mr Peraphon Thawornsupacharoen as a party and to substitute Mr Chansin Treenuchagron, in his capacity as Foreign Representative of Thai Airways International Public Company Limited (Thai Airways), as a plaintiff. 2. Air Chief Marshal Chaiyapruk Didyasarin and Mr Chansin Treenuchagron are recognised as the foreign representatives of Thai Airways within the meaning of Art 2(d) of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law (Model Law) as incorporated by s 6 of the Cross-Border Insolvency Act 2008 (Cth), nunc pro tunc from 25 September 2020. 3. Mr Peraphon Thawornsupacharoen is recognised as having ceased to be a foreign representative of Thai Airways within the meaning of Art 2(d) of the Model Law nunc pro tunc from 25 September 2020. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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