Duncan (Trustee) v Shrestha, in the matter of Shrestha [2022] FCA 1601

Federal Court of Australia

Duncan (Trustee) v Shrestha, in the matter of Shrestha [2022] FCA 1601 File number: VID 442 of 2022

Judgment of: O'SULLIVAN J

Date of judgment: 7 December 2022

Date of publication of reasons: 20 January 2023

Catchwords: BANKRUPTCY – application for recognition of a foreign proceeding as a foreign main proceeding or foreign non-main proceeding pursuant to the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law – Singapore proceedings – respondent filed no evidence in opposition and did not appear on the application – individual's centre of main interest in Melbourne BANKRUPTCY – ancillary relief sought under Art 21 of the Model Law – orders made staying any proceedings against the debtor or any of his assets, a stay on enforcement of judgments or orders, and suspension of dealings in his property granted – order made that the administration and realisation of the debtor's assets located in Australia be entrusted to the foreign representatives – order made that all powers normally available to a trustee in bankruptcy under the Bankruptcy Act 1966 (Cth) be made available to the foreign representatives

Legislation: Bankruptcy Act 1966 (Cth), s 81 Cross-Border Insolvency Act 2008 (Cth), ss 6, 8, 10, 13 Federal Court Rules 2011 (Cth), rr 1.34, 10.24 Federal Court (Bankruptcy) Rules 2016 (Cth), rr 14.03, 14.07(1)(b) & (d) Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, Arts 1(a), 2(a)-(d) & (f), 4, 6, 15, 15(2) 16, 16(3), 17, 17(1)(a)-(d), 17(2)(b), 20(1)(a)-(c), 21, 21(1)(a)-(c), (e), (g), 22(1)