Federal Court of Australia
Federal Court of Australia
Hutchison, in the matter of Caledonian Bank Limited (In Controllership) [2023] FCA 1088 File number: NSD 139 of 2015
Judgment of: MARKOVIC J
Date of judgment: 1 June 2023
Date of publication of reasons: 13 September 2023
Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency – substantial change in relation to recognised foreign main proceeding in circumstances where liquidation is soon to be finalised – application granted
Legislation: Cross-Border Insolvency Act 2008 (Cth) s 6, Sch 1 United Nations Commission on International Trade Law, Model Law on Cross Border Insolvency (1997), Arts 2, 17(4), 18, 21 UNCITRAL Model Law on Cross-Border Insolvency with Guide to Enactment and Interpretation (United Nations, 2014)
Cases cited: Board of Directors of Rizzo-Bottiglieri-De Carlini Armatori SpA v Rizzo Bottiglieri-De Carlini Armatori SpA [2018] FCA 153 Re OJSC International Bank of Azerbaijan; Bakhshiyeva v Sberbank of Russia [2018] EWCA Civ 2802 Suk v Hanjin Shipping Co Ltd [2017] FCA 404 Yakushiji v Daiichi Chuo Kisen Kaisha (No 2) [2016] FCA 1277
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 33
Date of hearing: 1 June 2023
Counsel for the Plaintiff: Ms EL Beechey
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