Federal Court of Australia
Federal Court of Australia
Cowley as Trustee of the Bankrupt Estate of Lau v Lau, in the matter of Lau (No 2) [2023] FCA 204 File number: NSD 540 of 2020
Judgment of: STEWART J
Date of judgment: 9 March 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency – Hong Kong foreign main proceeding – application by trustees to remove proviso to stay distribution of assets identified in Australia – eleventh-hour counter-application to enjoin trustees from distributing assets – whether interests of Australian creditors are adequately protected
Legislation: Cross-Border Insolvency Act 2008 (Cth) Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law Art 21(2)
Cases cited: Cowley as Trustee of the Bankrupt Estate of Lau v Lau, in the matter of Lau [2020] FCA 1164
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 30
Date of hearing: 9 March 2023
Counsel for the Applicant: D Weinberger
Solicitor for the Applicant: Keypoint Law
Counsel for the Second Respondent: R Turnbull
Solicitor for the Second Respondent: MY Solicitors and Notaries
ORDERS NSD 540 of 2020 IN THE MATTER OF LAU YU ALSO KNOWN AS JAFFE LAU BETWEEN: PATRICK COWLEY AND TIFFANY WONG WING SZE IN THEIR CAPACITY AS TRUSTEES OF THE BANKRUPT ESTATE OF LAU YU Applicant
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