Arab v Pan, in the matter of Pan (No 3) [2024] FCA 563

FEDERAL COURT OF AUSTRALIA

Arab v Pan, in the matter of Pan (No 3) [2024] FCA 563 File number: NSD 664 of 2023

Judgment of: YATES J

Date of judgment: 28 May 2024

Catchwords: BANKRUPTCY AND INSOLVENCY – application to review a Registrar's decision to issue summonses for production – application to set aside or vary summonses – where summonses alleged to be too broad and imprecise – whether compliance with the summonses would be oppressive BANKRUPTCY AND INSOLVENCY – application for security for costs of compliance with summonses for production – where proceeding in which the Bankrupt was adjudged bankrupt recognised as a "foreign main proceeding" pursuant to s 6 of the Cross-Border Insolvency Act 2008 (Cth) and Art 17(1) of the Model Law – where the parties seeking the summonses (trustees in bankruptcy) are based outside the jurisdiction, with no known assets in the jurisdiction

Legislation: Bankruptcy Act 1966 (Cth) ss 30, 81 Cross-Border Insolvency Act 2008 (Cth) s 6 Federal Court of Australia Act 1976 (Cth) ss 35A, 56 Federal Court Rules 2011 (Cth) r 30.34

Cases cited: Callegher v Australian Securities and Investments Commission [2007] FCA 482; 239 ALR 749 Deputy Commissioner of Taxation v Australian Securities and Investments Commission [2013] FCA 623; 304 ALR 319 Hodgkinson, in the matter of Kupang Resources Ltd (Subject to Deed of Company Arrangement) [2017] FCA 1342; 125 ACSR 301 Maxim's Caterers Limited v Magnona Pty Ltd (No 1) [2010] FCA 450 Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 [2021] FCAFC 143; 286 FCR 494 Roufeil (Trustee), in the matter of Tarrant (Bankrupt) v Tarrant (Bankrupt) [2018] FCA 1616 Scott (Trustee), in the matter of Price (Bankrupt) [2011] FCA 1478 Surpion Pty Ltd v M R Works Pty Ltd (receivers and managers appointed) [2010] FCA 1262; 80 ACSR 635