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ARTICLE · 01 DECEMBER 2024

Challenging examinations in aid of cross-border insolvency proceedings

Corrs Chambers Westgarth
Corrs Chambers Westgarth
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Corrs Chambers Westgarth

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An interested party applied for a stay of orders recognising foreign insolvency proceedings, pending an appeal.

AustraliaLitigation, Mediation & Arbitration

IE CA 3 Holdings Ltd and IE CA 4 Holdings Ltd (Companies) were two Canadian registered companies whose directors were located outside of Canada. The Companies' parent company, Iris Energy Limited (Iris), was listed on NASDAQ and had its registered office in Melbourne and principal place of business in Sydney, with three of its six directors located in New South Wales.

In November 2022, the Companies defaulted on certain payment obligations. After failed attempts at restructuring, the Supreme Court of British Columbia (BC Supreme Court) appointed receivers over the Companies' property (Canadian Receivers).

The BC Supreme Court authorised the Canadian Receivers to assign the Companies into a Canadian bankruptcy process, giving the Canadian Receivers enhanced investigative powers. The BC Supreme Court, in December 2023, allowed an application for the Canadian Receivers to examine the Companies' directors and CFO with time limitations, but did not give permission

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