Official Assignee in Bankruptcy of the Property of Ma v MA

The Official Assignee in Bankruptcy of the Property of Ma filed an application in the Federal Court of Australia, seeking aid in a matter of bankruptcy concerning a respondent who had been made bankrupt in New Zealand. The Official Assignee sought orders to recognise his appointment in Australia, vesting in him all the respondent's current and after-acquired property, excluding exempt property. Michael Carrafa was appointed as a receiver to investigate, collect, and realise the respondent's property in Australia. The Official Assignee argued that the orders sought were within the power conferred by section 29 of the Bankruptcy Act 1966 (Cth).

The court considered whether the orders sought were within the power conferred by section 29 of the Bankruptcy Act 1966 (Cth), which allows for the recognition of bankruptcy proceedings and orders from other jurisdictions. The court found that the orders sought were appropriate for the administration of the respondent's estate and for the collection of his property in Australia. The court noted that the respondent was ordinarily resident in Australia and had property in Australia, making it necessary to recognise the orders from New Zealand in Australia. The court also found that the appointment of a receiver was appropriate to ensure the effective administration of the respondent's estate.

The court made orders recognising the Official Assignee's appointment in Australia, vesting in him all the respondent's current and after-acquired property, excluding exempt property. The court appointed Michael Carrafa as a receiver to investigate, collect, and realise the respondent's property in Australia. The court also empowered the receiver to exercise all powers as are conferred on a trustee in bankruptcy of the respondent as if the respondent were declared a bankrupt under the Bankruptcy Act 1966 (Cth) on 1 June 2018 and the receiver were the trustee of the property of the respondent under that Act. The court further declared that the interest held in the name of the respondent in a property situated at 41 Frederick Street Balwyn in the State of Victoria had vested in the name of "Russell David Fildes as Official Assignee in Bankruptcy of the Property of Jian Guang Ma (bankrupt)" as sole registered proprietor of that interest. The court also made orders regarding service of the application and costs.