Kellow, in the matter of Advanced Building & Construction Limited (in liq) v Advanced Building & Construction Limited (in liq) (No 2) [2022] FCA 781

Federal Court of Australia

Kellow, in the matter of Advanced Building & Construction Limited (in liq) v Advanced Building & Construction Limited (in liq) (No 2) [2022] FCA 781 File number: QUD 45 of 2022

Judgment of: DERRINGTON J

Date of judgment: 19 April 2022

Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency – New Zealand 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) – creditors voluntary winding up falls within the definition of a foreign proceeding within the meaning of Article 2 – appropriateness of making orders under Article 21 immediately following the making of recognition orders

Legislation: Corporations Act 2001 (Cth) Cross-Border Insolvency Act 2008 (Cth) Federal Court (Corporations) Rules 2000 (Cth) Companies Act 1993 (NZ) Insolvency Practitioners Regulation Act 2019 (NZ) Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law

Cases cited: Adams Plumbing and Drainage (2010) Ltd v Hartland Construction Ltd [2012] NZHC 1095 Kellow, in the matter of Advanced Building & Construction Limited (in liq) v Advanced Building & Construction Limited (in liq) [2022] FCA 219 Re ABC Learning Centres Limited (2010) 445 BR 381 Re ABC Learning Centres Limited 728 F (3d) 301 (3rd Circuit, 27 August 2013) Re Gourmet Food Holdings New Zealand Ltd [2012] NZHC 3606 Wong (Trustee), in the matter of Mackellar (Bankrupt) v Mackellar [2020] FCA 1151