De'ath (liquidator) v Digital Fuel Marketing Limited (in administration), in the matter of Digital Fuel Marketing Limited (in administration) [2022] FCA 470

Federal Court of Australia

De'ath (liquidator) v Digital Fuel Marketing Limited (in administration), in the matter of Digital Fuel Marketing Limited (in administration) [2022] FCA 470 File number: VID 357 of 2021

Judgment of: ANASTASSIOU J

Date of judgment: 24 January 2022

Date of publication of reasons: 29 April 2022

Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency – UK insolvency proceeding – application for recognition as a foreign proceeding and foreign main proceeding pursuant to the UNCITRAL Model Law on Cross-Border Insolvency, Schedule 1 to the Cross-Border Insolvency Act 2008 (Cth) – whether to stay actions or proceedings concerning the debtor's assets, rights, obligations and liabilities – whether to entrust insolvency administrator with power to administer, realise and distribute debtor's assets in Australia – whether to permit insolvency administrator to examine witnesses, take evidence and require delivery of information regarding the debtor as if acting as a liquidator appointed under Part 5.4B of the Corporations Act 2001 (Cth) – relief granted

Legislation: Corporations Act 2001 (Cth), Pt 5.4 of Ch 5 Cross-Border Insolvency Act 2008 (Cth), ss 6, 10, 13, 16, Schedule 1 – United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency (Arts 2, 15, 17, 20, 21) Federal Court (Corporations) Rules 2010 (Cth), r 15A

Cases cited: Raithatha (liquidator) v Ariel Industries PLC (in creditors voluntary liquidation), in the matter of Ariel Industries PLC (in creditors voluntary liquidation) [2012] FCA 1526; 212 FCR 139

Division: General Division