Re Chow Cho Poon (Private) Limited [2011] NSWSC 300

Re Chow Cho Poon (Private) Limited [2011] NSWSC 300

There is a statutory duty under s 581(2)(a) of the Corporations Act to recognise and support the Singapore court's orders and liquidator, as no inconsistency with the enacted Model Law or the Cross-Border Insolvency Act arises in these circumstances; therefore, declaratory relief may properly be granted ex parte to enable access to Australian assets.

Jurisdiction
Australia
Judgment Date
15 April 2011
Procedural Posture
Application for Declaratory Relief (equity) / Principal Judgment Decision on Application
Outcome
Declarations granted; relief sought by plaintiffs is allowed.
Legal Topics
['recognition of Foreign Liquidators' 'declaratory Relief' 'comity in Insolvency Proceedings' 'cooperation With Foreign Courts']
['corporations' 'cross Border Insolvency' 'private International Law'] ['recognition of Foreign Liquidators' 'declaratory Relief' 'comity in Insolvency Proceedings' 'cooperation With Foreign Courts']

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Procedural Posture

Application for Declaratory Relief (equity) / Principal Judgment Decision on Application

Legal Issues

  1. 1 ['Whether the court should recognise the appointment of a Singaporean liquidator and the Singapore winding-up orders in Australia under s 581(2)(a) of the Corporations Act 2001 (Cth)' 'Whether the Cross-Border Insolvency Act 2008 (Cth) and the enacted Model Law take precedence or create inconsistency with s 581(2)(a) in this context' 'Whether declaratory relief can be granted in the absence of a defendant or contradictor']

Ratio Decidendi

There is a statutory duty under s 581(2)(a) of the Corporations Act to recognise and support the Singapore court's orders and liquidator, as no inconsistency with the enacted Model Law or the Cross-Border Insolvency Act arises in these circumstances; therefore, declaratory relief may properly be granted ex parte to enable access to Australian assets.

Court Disposition

Declarations granted; relief sought by plaintiffs is allowed.

Orders

  • ['Declared that the court recognises the appointment of the second plaintiff as liquidator under the Singapore court orders of 22 November 2007.' 'Declared that the court recognises the Singapore orders of 28 February 2008.' "Declared that the second plaintiff as liquidator is authorised to open, close, redesignate,...