Hung (Trustee), in the matter of Farouk v Farouk (No 2) [2021] FCA 270

Federal Court of Australia

Hung (Trustee), in the matter of Farouk v Farouk (No 2) [2021] FCA 270 File number: QUD 399 of 2020

Judgment of: DERRINGTON J

Date of judgment: 15 March 2021

Catchwords: BANKRUPTCY – application for recognition of foreign proceeding as foreign main proceeding pursuant to Cross-Border Insolvency Act 2008 (Cth) and Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law – Singapore bankruptcy proceedings – respondent did not appear – individual's centre of main interest in Singapore despite having departed that country and not returned – absence of evidence of habitual residence – application allowed BANKRUPTCY – ancillary relief sought under Art 21 of Model Law – order made entrusting another person with administration, realisation and distribution of respondent's assets located in Australia – order made that all powers normally available to trustee in bankruptcy under the Bankruptcy Act 1966 (Cth) be made available to that person

Legislation: Cross-Border Insolvency Act 2008 (Cth), s 6 Federal Court (Bankruptcy) Rules 2016 (Cth), rr 14.03, 14.07 Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, Arts 2 17, 21

Cases cited: Abate, in the matter of Chang Rajii v Chang Rajii (No 2) [2018] FCA 241 Ackers v Saad Investment Company Ltd (in liquidation) (2010) 190 FCR 285 Re Eurofood IFSC Ltd (2006) Ch 508 Tucker v Aero Inventory (UK) Ltd (No 2) (2009) 181 FCR 374 Wong (Trustee), in the matter of McKellar (Bankrupt) v Mackellar [2020] FCA 1151