Clifton (Liquidator), in the matter of Solar Shop Australia Pty Ltd (In Liquidation) [2014] FCA 891

Clifton (Liquidator), in the matter of Solar Shop Australia Pty Ltd (In Liquidation) [2014] FCA 891

Leave should be granted to serve court orders on SMA Solar Technology AG and Wuxi Suntech Power Co Ltd abroad because the requirements of the Federal Court Rules 2011 are satisfied, both Germany and China are participants in the Hague Convention, and therefore service in accordance with the Convention does not infringe their sovereignty or the principle of international comity.

Jurisdiction
Australia
Judgment Date
19 August 2014
Procedural Posture
Interlocutory Application / Application for Leave to Serve Court Orders Abroad
Outcome
Leave to serve court orders on the overseas companies granted. Application allowed.
Legal Topics
['service Abroad' 'international Comity' 'liquidation' 'examination Summons' 'hague Convention']
['practice and Procedure' 'insolvency'] ['service Abroad' 'international Comity' 'liquidation' 'examination Summons' 'hague Convention']

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Procedural Posture

Interlocutory Application / Application for Leave to Serve Court Orders Abroad

Legal Issues

  1. 1 ['Whether leave should be granted to serve court orders on overseas companies under the Hague Convention' 'Whether such service would violate the principle of international comity']

Ratio Decidendi

Leave should be granted to serve court orders on SMA Solar Technology AG and Wuxi Suntech Power Co Ltd abroad because the requirements of the Federal Court Rules 2011 are satisfied, both Germany and China are participants in the Hague Convention, and therefore service in accordance with the Convention does not infringe their sovereignty or the principle of international comity.

Court Disposition

Leave to serve court orders on the overseas companies granted. Application allowed.

Orders

  • ['Leave to serve the orders of 9 July 2014, 22 July 2014 and 6 August 2014 on SMA Solar Technology AG in Germany in accordance with the Hague Convention.' 'Leave to serve the orders of 9 July 2014 and 6 August 2014 on Wuxi Suntech Co. Ltd in China in accordance with the Hague Convention.' 'Paragraphs 3 and 4 of the...