Hung (Trustee), in the matter of Farouk v Farouk [2021] FCA 117

Federal Court of Australia

Hung (Trustee), in the matter of Farouk v Farouk [2021] FCA 117 File number: QUD 399 of 2020

Judgment of: DERRINGTON J

Date of judgment: 17 February 2021

Catchwords: PRACTICE AND PROCEDURE – cross-border insolvency – Singapore bankruptcy proceeding – application for recognition of a "foreign main proceedings" 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 – interlocutory application pursuant to Federal Court (Bankruptcy) Rules 2016 (Cth) for service of originating application by email – application granted

Legislation: Federal Court (Bankruptcy) Rules 2016 (Cth) rr 14.03, 14.06

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 15

Date of hearing: 17 February 2021

Counsel for the Applicant: Mr M McKechnie

Solicitor for the Applicant: Ashurst Australia

Counsel for the Respondent: The Respondent did not appear

ORDERS QUD 399 of 2020 IN THE MATTER OF MOHAMMED FAROUK

BETWEEN: YUEH HUNG LIN AND CHEE YOH CHUANG IN THEIR CAPACITY AS JOINT AND SEVERAL TRUSTEES Applicants

AND: MOHAMMED FAROUK Respondent

order made by: DERRINGTON J DATE OF ORDER: 17 FEBRUARY 2021

THE COURT ORDERS THAT:

1. The following court documents be served in accordance with Order 2: (a) the Originating Application filed on 23 December 2020; (b) the affidavit of Chee Yoh Chuang filed on 11 February 2021; (c) the affidavit of Catherine Espiritu filed on 23 December 2020; and (d) the Interim Application being in the form of the document annexed and marked "A" to the Originating Application. 2. Pursuant to rr 14.03(4) and 14.06(1)(a) of the Federal Court (Bankruptcy) Rules 2016 (Cth), the court documents referred to in Order 1 are to be served by email sent to mf@faroukstar.com. 3. Pursuant to r 14.06(1)(b) of the Federal Court (Bankruptcy) Rules 2016 (Cth), the applicants publish a notice of filing of the Originating Application in accordance with Form B20 in The Straits Times. 4. Pursuant to r 14.06(1)(a) of the Federal Court (Bankruptcy) Rules 2016 (Cth), the applicants send a notice of the filing of the Originating Application in accordance with Form B20 to each person whose claim to be a creditor of the respondent is known to the applicants. 5. Further service of the Interim Application referred to in Order 1(d) be dispensed with. 6. The Originating Application and the Interim Application referred to in Order 1(d) be listed for hearing at 9:30 am AEST on 15 March 2021. 7. The applicants have liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.