Federal Court of Australia
Federal Court of Australia
Chua, in the matter of Aoji Enrolment Centre of International Education Limited [2022] FCA 1518 File number: NSD 700 of 2022
Judgment of: MARKOVIC J
Date of judgment: 2 November 2022
Date of publication of reasons: 15 December 2022
Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency – Hong Kong insolvency proceeding – application for recognition as a foreign main proceeding pursuant to the UNCITRAL Model Law on Cross-Border Insolvency, being Sch 1 to the Cross-Border Insolvency Act 2008 (Cth) – application granted
Legislation: Corporations Act 2001 (Cth). Cross-Border Insolvency Act 2008 (Cth) Federal Court (Corporations) Rules 2000 (Cth) r 15A.6 Companies (Winding Up and Miscellaneous Provisions) Ordinance (Hong Kong) s 194 Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law Arts 4, 6, 15, 17, 21
Cases cited: Abate, in his capacity as Liquidator of Onix capital SA [2017] FCA 751 Kapila, in the matter of Edelsten [214] FCA 1112 Kellow, in the matter of Advanced Building & Constriction Limited (in liq) v Advanced Building & Construction Limited (in liq) (No 2) [2022] FCA 781
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 35
Date of hearing: 2 November 2022
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