In the matter of Morgan Kelly and David Kennedy in their capacity as joint and several voluntary liquidators of Man AHL Gold (AUD) Limited (in liquidation) and Man AHL Diversified (AUD) Limited (in liquidation) [2025] NSWSC 71

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Morgan Kelly and David Kennedy in their capacity as joint and several voluntary liquidators of Man AHL Gold (AUD) Limited (in liquidation) and Man AHL Diversified (AUD) Limited (in liquidation) [2025] NSWSC 71 Hearing dates: 3 February 2025 Date of orders: 3 February 2025 Decision date: 18 February 2025 Jurisdiction: Equity - Corporations List Before: Black J Decision: Foreign liquidation recognised as foreign main proceedings for the purposes of the Model Law and associated orders made. Catchwords: INSOLVENCY – Recognition of foreign proceedings under the Model Law. Legislation Cited: - Corporations Act 2001 (Cth) - Cross-Border Insolvency Act 2008 (Cth) - International Companies Act 1981-82 (Cook Islands), s 169 Cases Cited: - Borrelli (Liquidator) v Orthogonal Trading Ltd (in liq) (a company registered in the British Virgin Islands) [2023] FCA 393 - Kapila, Re Edelsten (2014) 320 ALR 506; [2014] FCA 1112 - Moore v Australian Equity Investors [2012] FCA 1002 - Raithatha (liquidator) v Ariel Industries PLC (in creditors voluntary liquidation), in the matter of Ariel Industries PLC (in creditors voluntary liquidation) [2012] FCA 1526 Category: Principal judgment Parties: Morgan Kelly and David Kennedy in their capacity as joint and several voluntary liquidators of Man AHL Gold (AUD) Limited (in liquidation) and Man AHL Diversified (AUD) Limited (in liquidation) (Plaintiffs) Man AHL Gold (AUD) Limited (in liquidation) and Man AHL Diversified (AUD) Limited (in liquidation) (Defendants) Representation: Counsel: C Hamilton-Jewell (Plaintiffs)