Arab v Pan, in the matter of Pan (No 2) [2023] FCA 1190

Federal Court of Australia

Arab v Pan, in the matter of Pan (No 2) [2023] FCA 1190 File number: NSD 664 of 2023

Judgment of: YATES J

Date of judgment: 9 October 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – application for recognition of a bankruptcy proceeding as a "foreign proceeding" and a "foreign main proceeding" pursuant to the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law in Sch 1 of the Cross-Border Insolvency Act 2008 (Cth) – where the bankruptcy proceeding is in the High Court of the Hong Kong Special Administrative Region Court of First Instance

Legislation: Corporations Act 2001 (Cth) ss 9, 416, 601CL, Ch 5, Sch 2 Cross-Border Insolvency Act 2008 (Cth) ss 6, 10, 13, Sch 1, Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, Arts 2, 6, 15, 16, 17, 21 Federal Court of Australia Act 1976 (Cth) s 35A Federal Court (Bankruptcy) Rules 2016 (Cth) rr 2.02, 14.03, 14.08 Bankruptcy Ordinance (Chapter 6) (HK) ss 2, 3, 12, 17, 26, 34, 58, 61A, 67, 72, 75, 84, 97, 99

Cases cited: Arab v Pan, in the matter of Pan [2023] FCA 948 Bradley, in the matter of Astora Women's Health, LLC v Astora Women's Health LLC (No 2) [2022] FCA 1268 Katayama v Japan Airlines Corporation [2010] FCA 794; 79 ACSR 286 Raithatha (liquidator) v Ariel Industries plc (in creditors voluntary liquidation), in the matter of Ariel Industries plc (in creditors voluntary liquidation) [2012] FCA 1526; 212 FCR 139 Wong (Trustee), in the matter of Mackellar (Bankrupt) v Mackellar [2020] FCA 1151