In the matter of Hydrodec Group Plc [2021] NSWSC 755

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hydrodec Group Plc [2021] NSWSC 755 Hearing dates: 21-22 June 2021 Date of orders: 24 June 2021 Decision date: 24 June 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See orders at [179]–[181] Catchwords: PRIVATE INTERNATIONAL LAW — jurisdiction — application for recognition of a foreign proceeding as a foreign main proceeding pursuant to the Cross-Border Insolvency Act 2008 (Cth) and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law — where foreign proceeding is a moratorium under Part A1 of the Insolvency Act 1986 (UK) — whether the Company has its "centre of main interests" in the UK — whether presumption under Article 16(3) that place of registered office is its centre of main interests applies — assessment of objective matters readily ascertainable by third parties in determining centre of main interests — where evidence of objective matters point to United States as the centre of main interests — application dismissed CORPORATIONS — winding up — application for a stay of the winding up proceedings under s 581(2) of the Corporations Act 2001 (Cth) — consideration of whether it would be proper in all the circumstances to provide aid and act in an auxiliary manner to the High Court of Justice — application for stay dismissed CORPORATIONS — winding up — Part 5.7B body — failure to comply with demand issued under Corporations Act 2001 (Cth), s 585(a) — no evidence adduced to the contrary — company wound up Legislation Cited: Corporate Insolvency and Governance Act 2020 (UK) Corporations Act 2001 (Cth), ss 95A, 459A, 459P, 461, 470, 581, 583, 585 Cross-Border Insolvency Act 2008 (Cth), s 6 Insolvency Act 1986 (UK), Part A1 Model Law on Cross-Border Insolvency of the United Nationals Commission on International Trade Law, arts 1, 2, 6, 15, 16, 17, 20, 21, 22, 29 Cases Cited: Ackers (as joint foreign representative) v Saad Investments Company Limited (in official liquidation) (a company registered in the Cayman Islands) [2010] FCA 1221 Hung (Trustee); In the matter of Farouk v Farouk (No. 2) [2021] FCA 270 In the matter of Geoffrey Edelston; Soneet R Kapila in his capacity as trustee in bankruptcy for the estate of Geoffrey Edelsten appointed under Chapter 11 of the Bankruptcy Code (US) v Edelsten [2014] FCA 1112 In the matter of Senvion GmbH (No. 2) [2019] FCA 1732 Indian Farmers Fertiliser Cooperative Ltd v Legend International Holdings Inc (2016) 52 VR 1 Ledgend International Holdings Inc (in liq) v Indian Farmers Fertiliser Cooperative Limited (2016) 52 VR 40 Meng (as joint and several trustees of the property of Mackellar (a bankrupt) v Mackellar [2020] FCA 1151 Queensland Phosphate Pty Ltd v Korda [No 2] [2019] VSCA 215 Southern Oil Refining Pty Ltd v Hydrodec Australia Pty Ltd [2021] NSWSC 24. Wood v Astra Resources Ltd [2016] FCA 1192 Young, Jr, in the matter of Buccaneer Energy Limited v Buccaneer Energy Limited [2014] FCA 711 Category: Principal judgment Parties: 2021/87641: Southern Oil Refining Pty Ltd (ACN 065 279 012) (Plaintiff) Hydrodec Group Plc (Monitor Appointed) (Defendant)