Mann (Trustee) v Storey (No 2) [2022] FCA 609

Federal Court of Australia

Mann (Trustee) v Storey (No 2) [2022] FCA 609 File number: NSD 67 of 2022

Judgment of: STEWART J

Date of judgment: 24 May 2022

Catchwords: BANKRUPTCY AND INSOLVENCY – where applicant was appointed trustee of the estate of the respondent by orders of the High Court of the Republic of Singapore – where letter of request received from the Supreme Court of Singapore – application pursuant to s 29(2)(a) of the Bankruptcy Act 1966 (Cth) for the appointment of a receiver empowered to manage the respondent's foreign bankruptcy in Australia – whether any inconsistency between the Cross-Border Insolvency Act 2008 (Cth) and the UNCITRAL Model Law on Cross-Border Insolvency and s 29 of the Bankruptcy Act in relation to giving assistance to the foreign trustee – no inconsistency where there is no bankruptcy in Australia – where applicant has been frustrated in efforts to administer bankruptcy in Singapore and requires assistance of the Court – whether specific relief sought is justified and necessary – relief granted PRACTICE AND PROCEDURE – further application by the respondent to vacate the hearing and adjourn for several months due to alleged inability to participate adequately due to illness and lack of personal computer – finding that respondent has had sufficient time to prepare for hearing – application dismissed

Legislation: Bankruptcy Act 1966 (Cth) ss 29, 77(1) Bankruptcy Regulations 2021 (Cth) reg 2, 7(b) Bankruptcy Regulations 1996 (Cth), reg 3.01. Bankruptcy and Other Legislation Amendment (Repeal and Consequential Amendments) Regulations 2021 (Cth) s 2(1) and Sch 1, item 1 Corporations Act 2001 (Cth) s 581 Cross Border Insolvency Act 2008 (Cth) s 21 Insolvency, Restructuring and Dissolution Act 2018 (Singapore) ss 310, 339 Model Law on Cross-Border Insolvency of UNCITRAL, art 7 Explanatory Memorandum, Cross-Border Insolvency Bill 2008 (Cth)