Non-appearance and overseas winding-up no bar to proceeding against foreign defendant in Australia

Trevor Withane of Ironbridge Legal reviews the New South Wales Supreme Court’s decision to grant leave to proceed against non-appearing foreign defendants which were in foreign insolvency proceedings and suggests that rather than simply not appearing in the Australian proceeding, a liquidator should consider having the foreign insolvency proceeding recognised in Australia, which might then give rise to the maintenance of the stay of proceedings against the foreign defendant.

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