Michele Bottiglieri Armatore SpA, in the matter of Michele Bottiglieri Armatore SpA [2021] FCA 795

Federal Court of Australia

Michele Bottiglieri Armatore SpA, in the matter of Michele Bottiglieri Armatore SpA [2021] FCA 795 File number(s): NSD 654 of 2021

Judgment of: RARES J

Date of judgment: 9 July 2021

Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency – where plaintiff shipowner files originating process for recognition of foreign proceeding as foreign main proceeding under Art 17 Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade pursuant to Cross-Border Insolvency Act 2008 (Cth) – where plaintiff brought debtor in possession proceeding in Italy – where creditor attempted or succeeded to arrest plaintiff's vessels in other jurisdictions – where plaintiff applies for interim stay of proceedings against it and its assets, rights and obligations under Art 19 and r 15A.4 Federal Court (Corporations) Rules 2000 to prevent arrest of vessel – Held: qualified interim stay granted subject to any application for an arrest warrant to be dealt with by a judge

Legislation: Corporations Act 2001 (Cth) Pt 5.3A Cross-Border Insolvency Act 2008 (Cth) ss 6, 16 Admiralty Rules 1988 Federal Court (Corporations) Rules 2000 r 15A.4 Italian Bankruptcy Law Arts 161, 168 Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law Arts 2, 15, 16, 17, 19, 20, 21 United States Code Ch 11

Cases cited: Ackers v Saad Investments Company Limited (in official liquidation) (2010) 190 FCR 285 Board of Directors of Rizzo-Bottiglieri-De Carlini Armatori SpA v Rizzo-Bottiglieri-De Carlini Armatori SpA [2017] FCA 331 Re Senvion GmBH (No 2) (2019) 140 ACSR 20 Tai-Soo Suk v Hanjin Shipping Co Limited [2016] FCA 1404 Yakushiji v Daiichi Chuo Kisen Kaisha [2015] FCA 1170 Yu v STX Pan Ocean Company Limited (2013) 223 FCR 189