Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Didyasarin v Thai Airways International Public Company Limited (No 3) [2021] FCA 1092 File number: NSD 685 of 2020
Judgment of: MARKOVIC J
Date of judgment: 23 August 2021
Date of publication of reasons: 9 September 2021
Catchwords: BANKRUPTCY AND INSOLVENCY – cross border insolvency – application to amend originating process for substitution and recognition of new individuals as foreign representatives of defendant in foreign proceeding pursuant to the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law – whether any variation of stay in relation to defendant under Art 20(1)(a) of Model Law required consequent upon approval of a reorganisation plan in relation to the defendant – application allowed
Legislation: Corporations Act 2001 (Cth) Cross-Border Insolvency Act 2008 (Cth) ss 6, 16 Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law
Cases cited: Akers v Deputy Commissioner of Taxation (2014) 223 FCR 8 Tai-Soo Suk v Hanjin Shipping Co Ltd [2016] FCA 1404 Yakushaiji v Kaisha (No 2) [2016] FCA 1277 In re Oversight Control Com. of Avánzit 385 B.R. 525 (Bankr. S.D.N.Y. 2008)
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 42
Date of hearing: 23 August 2021
Counsel for the Plaintiffs: Mr S J Maiden QC and Ms E L Beechey
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