Bester v Mirror Trading International (Pty) Ltd (in liq) [2023] FCA 1194

Federal Court of Australia

Bester v Mirror Trading International (Pty) Ltd (in liq) [2023] FCA 1194 File number(s): VID 674 of 2023

Judgment of: BUTTON J

Date of judgment: 6 October 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – Cross-border insolvency – application for recognition of foreign proceeding as foreign main proceeding under Art 17 of 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) – where defendant is a company registered in the Republic of South Africa – where defendant placed in liquidation by the High Court of South Africa – where presumption of centre of main interests not rebutted – where nature of foreign proceeding analogous to liquidation under Part 5.4B of Corporations Act 2001 (Cth)

Legislation: Corporations Act 2001 (Cth) Ch 5, Pt 5.4B Cross-Border Insolvency Act 2008 (Cth) s 16, Sch 1 (Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law) Art 2, 15, 16, 17, 20, 21 Federal Court (Corporations) Rules 2000 (Cth) r 15A.7

Cases cited: Laverty v Greensill Capital (UK) Limited (in administration), in the matter of Greensill Capital (UK) Limited (in administration) [2023] FCA 721 Tai-Soo Suk v Hanjin Shipping Co Ltd [2016] FCA 1404

Division: General Division

Registry: Victoria

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 25

Date of hearing: 6 October 2023

Counsel for the Plaintiffs: M McKillop