Bankruptcy Office of the Canton of Geneva (Trustee) v Amoma SARL (In Liquidation), in the matter of Amoma SARL [2023] FCA 1232

FEDERAL COURT OF AUSTRALIA

Bankruptcy Office of the Canton of Geneva (Trustee) v Amoma SÀRL (In Liquidation), in the matter of Amoma SÀRL [2023] FCA 1232 File number(s): VID 843 of 2023

Judgment of: MCEVOY J

Date of judgment: 16 October 2023

Catchwords: PRACTICE AND PROCEDURE – application pursuant to Articles 15, 17 and 21 of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, the Cross-Border Insolvency Act 2008 (Cth) and s 581(2) of the Corporations Act 2001 (Cth) – application for orders for service and publication of originating documents relating to application for recognition of foreign proceedings – requirement under r 2.7(1) of the Federal Court (Corporations) Rules 2000 (Cth) for personal service of originating process on defendant company dispensed with – orders made pursuant to r 15A.3(4)(a) to serve originating documents by ordinary pre-paid post or by email – orders pursuant to rule 15A.6(1) for publication of application in the Australian Financial Review and the Swiss Official Gazette of Commerce – costs of interlocutory process are costs in the bankruptcy of the defendant.

Legislation: Corporations Act 2001 (Cth) s 581(2) Cross-Border Insolvency Act 2008 (Cth) Federal Court (Corporations) Rules 2000 (Cth) rr 2.7, 15A.3(3), 15A.3(4), 15A.6(1) Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law arts 15, 71, 21

Cases cited: Board of Directors of Rizzo-Bottiglieri-De Carlini Armatori SpA v Rizzo-Bottiglieri-De Carlini Armatori SpA [2018] FCA 153 Kellow v Advanced Building & Construction Ltd (in liq) [2022] FCA 219