SHEAHAN HC AK CIV-2011-404-001623

SHEAHAN HC AK CIV-2011-404-001623

The applicants were established as foreign representatives and the Article 15 evidentiary requirements and Article 17 recognition criteria were met by the affidavits and supporting documents; therefore the liquidations of Cedenco JV Australia Pty Ltd, SS Farms Australia Pty Ltd and SK Foods Australia Pty Ltd are recognised as foreign main proceedings and service was dispensed with under High Court Rules r 24.56(2)(b).

Citation
openlaw-a87e0cdd_e8f3_4025_890c_076df7f9734e.pdf
Parties
Applicants: John Sheahan and Ian Russell Lock (joint and several liquidators of SS Farms Australia Pty Limited (in receivership and liquidation)); Applicants: John Sheahan and Ian Russell Lock (joint and several liquidators of Cedenco JV Australia Pty Limited (in receivership and liquidation)); Applicants: John Sheahan and Ian Russell Lock (joint and several liquidators of SK Foods Australia Pty Limited (in receivership and liquidation))
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 May 2011
Procedural Posture
Originating Application for Recognition of Foreign Main Proceedings Under the Insolvency (cross Border) Act 2006 / Judgment on Papers
Outcome
Applications for recognition granted; foreign main proceedings recognised.
Legal Topics
Recognition of Foreign Proceedings, Foreign Main Proceeding, Liquidation, Foreign Representative Appointment, Service Dispensation
Insolvency Cross Border Insolvency Corporate Insolvency International Insolvency Law Recognition of Foreign Proceedings Foreign Main Proceeding Liquidation Foreign Representative Appointment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 3 Party arguments 1
Sign in to unlock

Parties

John Sheahan and Ian Russell Lock (joint and several liquidators of SS Farms Australia Pty Limited (in receivership and liquidation))

Applicants

John Sheahan and Ian Russell Lock (joint and several liquidators of Cedenco JV Australia Pty Limited (in receivership and liquidation))

Applicants

John Sheahan and Ian Russell Lock (joint and several liquidators of SK Foods Australia Pty Limited (in receivership and liquidation))

Applicants

Procedural Posture

Originating Application for Recognition of Foreign Main Proceedings Under the Insolvency (cross Border) Act 2006 / Judgment on Papers

Legal Issues

  1. 1 Whether the applicants are foreign representatives under the Act
  2. 2 Whether Article 15 evidentiary requirements were satisfied
  3. 3 Whether Article 17 recognition criteria were met

Ratio Decidendi

The applicants were established as foreign representatives and the Article 15 evidentiary requirements and Article 17 recognition criteria were met by the affidavits and supporting documents; therefore the liquidations of Cedenco JV Australia Pty Ltd, SS Farms Australia Pty Ltd and SK Foods Australia Pty Ltd are recognised as foreign main proceedings and service was dispensed with under High Court Rules r 24.56(2)(b).

Court Disposition

Applications for recognition granted; foreign main proceedings recognised.

Orders

  • The liquidation of Cedenco JV Australia Pty Ltd (in receivership and liquidation) is recognised as a foreign main proceeding.
  • The liquidation of SS Farms Australia Pty Ltd (in receivership and liquidation) is recognised as a foreign main proceeding.