Federal Court of Australia
Federal Court of Australia
Iris Energy Ltd v PricewaterhouseCoopers Inc in its capacity as foreign representative of IE CA 3 Holdings Ltd [2024] FCA 1297 File number: NSD 1542 of 2024
Judgment of: STEWART J
Date of judgment: 11 November 2024
Catchwords: PRACTICE AND PROCEDURE – stay pending appeal – where orders were made under the UNCITRAL Model Law on Cross-Border Insolvency granting powers of a liquidator in Australia to the local representatives of a trustee of foreign liquidations, including the power to examine witnesses – where Iris Energy Ltd as intervenor in that proceeding seeks a stay of those orders pending determination of leave to appeal and the appeal – whether there is prejudice arising from any summonses for examination of Iris Energy Ltd's directors or officers pursuant to those orders in the event that they are ultimately successful on appeal
Legislation: Corporations Act 2001 (Cth), ss 596A, 596B, Pt 5.4B Cross-Border Insolvency Act 2008 (Cth) Sch 1, being the UNCITRAL Model Law on Cross-Border Insolvency, Arts 6, 17, 21 Federal Court (Corporations) Rules 2000 (Cth), rr 11.3, 11.5, Div 11 Federal Court Rules 2011 (Cth), rr 36.08, 40.03
Cases cited: GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32; 414 ALR 635 House v The King [1936] HCA 40; 55 CLR 499 Indian Farmers Fertiliser Cooperative Ltd v Legend International Holdings Inc [2016] VSC 308; 52 VR 1 Kellow, in the matter of Advanced Building & Construction Ltd (in liq) v Advanced Building & Construction Ltd (in liq) (No 2) [2022] FCA 781 PricewaterhouseCoopers Inc in its capacity as foreign representative of IE CA 3 Holdings Ltd v IE CA 3 Holdings Ltd [2024] FCA 1208 Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 2) [2010] FCA 1212; 88 IPR 633 Wainter Pty Ltd, in the matter of New Tel Ltd (in liq) [2005] FCA 1224; 54 ACSR 554 Warren v Coombes [1979] HCA 9; 142 CLR 531
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