Bankruptcy Office of the Canton of Geneva (Trustee) v Amoma SARL (In Liquidation), in the matter of Amoma SARL (No 2) [2023] FCA 1379

Federal Court of Australia

Bankruptcy Office of the Canton of Geneva (Trustee) v Amoma SÀRL (In Liquidation), in the matter of Amoma SÀRL (No 2) [2023] FCA 1379 File number(s): VID 843 of 2023

Judgment of: MCEVOY J

Date of judgment: 3 November 2023

Date of publication: 8 November 2023

Catchwords: BANKRUPTCY AND INSOLVENCY – cross-border insolvency – Swiss liquidation proceeding – application for recognition as a foreign proceeding and foreign main proceeding pursuant articles 15, 17 and 21 the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law and the Cross-Border Insolvency Act 2008 (Cth) – orders sought to appoint foreign representatives – where sole asset in Australia is claim against another company – where company appeared as interested party opposing orders sought – where company claims relief sought is not "necessary" as required by article 21of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law – where orders sought are consistent with the overarching purpose in s 37M of the Federal Court of Australia Act 1976 (Cth) – where orders are both necessary and efficient – costs in this proceeding be costs in the bankruptcy proceeding.

Legislation: Competition and Consumer Act 2010 (Cth) s 137H Corporations Act 2001 (Cth) s 581(2) Cross-Border Insolvency Act 2008 (Cth) ss 6, 8, 10 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court (Corporations) Rules 2000 (Cth) rr 2.13, 15A.3, 15A.7 Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law arts 2, 4, 15, 17, 21, 22