Yit (Trustee), in the matter of Lee (Bankrupt) v Lee [2021] FCA 886

Federal Court of Australia

Yit (Trustee), in the matter of Lee (Bankrupt) v Lee [2021] FCA 886 File number: QUD 181 of 2021

Judgment of: DERRINGTON J

Date of judgment: 9 July 2021

Date of publication of reasons: 2 August 2021

Catchwords: BANKRUPTCY – application for recognition of foreign proceeding as a 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 proceeding – foreign bankrupt identified as owning asset in Australia – centre of main interest in Singapore where bankrupt has habitual residence – application allowed BANKRUPTCY – ancillary relief sought under Art 21 of Model Law – order made that administration and realisation of bankrupt's assets located in Australia be entrusted to foreign representative – order made that all powers normally available to trustee in bankruptcy under Bankruptcy Act 1966 (Cth) be made available to foreign representative

Legislation: Bankruptcy Act 1966 (Cth) s 29 Cross-Border Insolvency Act 2008 (Cth) Federal Court (Bankruptcy) Rules 2016 (Cth) Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law Arts 2, 17, 21

Cases cited: Akers v Saad Investment Company Ltd (in liquidation) (2010) 190 FCR 285 Christie (Trustee), in the matter of Kian (Bankrupt) v Kian [2019] FCA 1141 Hung (Trustee), in the matter of Farouk v Farouk (No 2) [2021] FCA 270 Official Assignee in Bankruptcy of the Property of McCormick v McCormick [2018] FCA 410 Re Eurofood IFSC Ltd [2006] Ch 508 Wong (Trustee), in the matter of Mackellar (Bankrupt) v Mackellar [2020] FCA 1151