Laverty v Greensill Capital (UK) Limited (in administration), in the matter of Greensill Capital (UK) Limited (in administration) [2023] FCA 721

Federal Court of Australia

Laverty v Greensill Capital (UK) Limited (in administration), in the matter of Greensill Capital (UK) Limited (in administration) [2023] FCA 721 File number(s): NSD 513 of 2023

Judgment of: HALLEY J

Date of judgment: 29 June 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency – UK bankruptcy proceeding – application for recognition of foreign proceeding as a foreign main proceeding under the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, being Sch 1 to the Cross-Border Insolvency Act 2008 (Cth) – procedural and status-based criteria established – application for recognition of foreign representative – applications granted PRACTICE AND PROCEDURE – application for dispensation of rules for notification in r 15A.7 of the Federal Court (Corporations) Rules 2000 – application granted

Legislation: Corporations Act 2001 (Cth) ss 440B, 440D, 440F, 601L Cross-Border Insolvency Act 2008 (Cth) ss 6, 10, 13, 16, Sch 1, Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law arts 2, 4, 6, 15, 16, 17, 20, Federal Court (Corporations) Rules 2000 (Cth) r 15A.7, Div 15A Insolvency Act 1986 (UK) Sch B1

Cases cited: Abate, in his capacity as Liquidator of Onix Capital SA [2017] FCA 751 Kapila, in the matter of Edelsten [2014] FCA 1112 Kellow, in the matter of Advanced Building & Construction Limited (in liq) v Advanced Building & Construction Limited (in liq) (No 2) [2022] FCA 781 Pink v MF Global UK Limited (In Special Administration) [2012] FCA 260 Tucker, in the matter of Aero Inventory (UK) Limited v Aero Inventory (UK) Limited (No 2) [2009] FCA 1481 Wild (Foreign Representative) v Coin Co International PLC (Administrators Appointed); In the Matter of Coin Co International PLC (Administrators Appointed) [2015] FCA 354