Markey (liquidator), in the matter of Bestjet Travel Pty Ltd (in liq) [2020] FCA 467

Markey (liquidator), in the matter of Bestjet Travel Pty Ltd (in liq) [2020] FCA 467

The Liquidators are entitled to directions to foreign entities to produce books relevant to the examinable affairs of the companies in liquidation under s 597(9), as the criteria of possession and relevance are satisfied. Leave is granted to serve these directions in Singapore as service by private agents is allowed. However, the evidence does not justify issuing a letter of request to the Singapore court due to lack of advice or opinion on its likely utility. A confidentiality regime is appropriate and extended to the specified sensitive documents.

Jurisdiction
Australia
Judgment Date
09 April 2020
Procedural Posture
Corporations – Application Under Corporations Act / Ex Parte Interlocutory Application – Directions and Confidentiality Orders
Outcome
Application granted in part; directions to produce issued; leave to serve granted; confidentiality orders made; letter of request refused.
Legal Topics
["liquidators' Powers" 'examination and Production of Documents' 'confidentiality Orders' 'service Outside Jurisdiction']
['corporations Law' 'insolvency'] ["liquidators' Powers" 'examination and Production of Documents' 'confidentiality Orders' 'service Outside Jurisdiction']

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Procedural Posture

Corporations – Application Under Corporations Act / Ex Parte Interlocutory Application – Directions and Confidentiality Orders

Legal Issues

  1. 1 ['Whether directions should issue under s 597(9) of the Corporations Act 2001 (Cth) to foreign entities to produce documents' 'Whether leave should be granted under r 10.44 of the Federal Court Rules 2011 (Cth) for service outside Australia' 'Whether the court should issue a letter of request for aid of a foreign court under s 581(4) of the Corporations Act' 'Whether a confidentiality regime should be extended to further documents']

Ratio Decidendi

The Liquidators are entitled to directions to foreign entities to produce books relevant to the examinable affairs of the companies in liquidation under s 597(9), as the criteria of possession and relevance are satisfied. Leave is granted to serve these directions in Singapore as service by private agents is allowed. However, the evidence does not justify issuing a letter of request to the Singapore court due to lack of advice or opinion on its likely utility. A confidentiality regime is appropriate and extended to the specified sensitive documents.

Court Disposition

Application granted in part; directions to produce issued; leave to serve granted; confidentiality orders made; letter of request refused.

Orders

  • ['A direction to produce under s 597(9) issued to Bestjet Travel Pte. Ltd. (Singapore) in the form of Schedule A.' 'A direction to produce under s 597(9) issued to Oversea-Chinese Banking Corporation Limited (Singapore) in the form of Schedule B.' 'Leave granted under r 10.44 to serve these directions in the...