Gladstone (Trustee) v Digrigoli

[2016] FCA 1136

FEDERAL COURT OF AUSTRALIA

Gladstone (Trustee) v Digrigoli [2016] FCA 1136

File number:

QUD 541 of 2016

Judge:

RANGIAH J

Date of judgment:

8 September 2016

Catchwords:

BANKRUPTCY AND INSOLVENCY – foreign proceedings recognised under the UNCITRAL Model Law on Cross-Border Insolvency – recognition of United States proceeding as foreign proceeding – identification of centre of main interest – recognition of foreign main proceeding

Legislation:

Cross-Border Insolvency Act 2008 (Cth) ss 6, 10 and 13

Federal Court (Bankruptcy) Rules 2016 (Cth) rr 14.07 and 14.08

UNCITRAL Model Law on Cross-Border Insolvency Arts 2, 4, 6, 15, 16 and 17

Cases cited:

Gainsford v Tannenbaum (2012) 216 FCR 543

Kapila v Edelsten [2014] FCA 1112

Moore v Australian Equity Investors [2012] FCA 1002

Date of hearing:

8 September 2016

Registry:

Queensland

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

General and Personal Insolvency

Category:

Catchwords

Number of paragraphs:

22

Solicitor for the Applicant:

Mr S Butler with Ms J Humphreys of McCullough Robertson Lawyers

Counsel for the Respondent:

The Respondent did not appear

ORDERS

QUD 541 of 2016

BETWEEN:

LESLIE THERESE GLADSTONE IN HER CAPACITY AS TRUSTEE IN BANKRUPTCY FOR THE ESTATE OF SILVANA DIGRIGOLI APPOINTED UNDER CHAPTER 7 OF THE BANKRUPTCY CODE (US)

Applicant

AND:

SILVANA DIGRIGOLI

Respondent

JUDGE:	RANGIAH J
DATE OF ORDER:	8 SEPTEMBER 2016

THE COURT ORDERS THAT:

1.Pursuant to s 6 of the Cross-Border Insolvency Act 2008 (Cth) (“the Act”) and paragraph 1 of Art 17 of the UNCITRAL Model Law on Cross-Border Insolvency (“the Model Law”), the proceeding of the United States Bankruptcy Court, Southern District of California, case no. 11-00806-LA7, Re Silvana Digrigoli (“the foreign proceeding”), be recognised as a foreign proceeding.

2.Pursuant to s 6 of the Act and paragraph 2(a) of Art 17 of the Model Law, the foreign proceeding be recognised as a foreign main proceeding.

3.The following documents be served in accordance with order 5 of these orders:

(a)a notice in accordance with Form B21 of the Federal Court (Bankruptcy) Rules 2016 (Cth);

(b)a copy of these orders; and

(c)a copy of the interim application filed on 15 July 2016.

4.The documents referred to in order 3 of these orders are to be served by 28 September 2016:

(a)on the respondent by prepaid post to 3925 Trace Road, Spring Valley, California, 91978, USA;

(b)on Santo Digrigoli by prepaid post to 295 East Main Street, El Cajon, California, 92020, USA;

(c)on the Public Trustee of Queensland by delivery to 444 Queen Street, Brisbane, Queensland, 4000; and

(d)by prepaid post on the persons and entities listed in Annexure B to the amended application filed 27 July 2016 to their addresses listed in that document.

5.A notice in accordance with Form B21 of the Federal Court (Bankruptcy) Rules be published in “The Daily Transcript” circulating in San Diego by 28 September 2016.

6.The interim application be listed for hearing on 7 October 2016 at 10.15 am.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules