Yeo and Rambaldi (as liquidators), in the matter of Rennie Produce (Aust) Pty Ltd (in liquidation) (No 2) [2016] FCA 449

Yeo and Rambaldi (as liquidators), in the matter of Rennie Produce (Aust) Pty Ltd (in liquidation) (No 2) [2016] FCA 449

The documents sought from the overseas financial institutions were relevant and necessary to the liquidators' examinations into offshore funds that may be assets of Rennie Produce (Aust) Pty Ltd in liquidation; the requests were specific and not fishing expeditions. The liquidators' examinations were an external administration matter, there were good substantive reasons for seeking foreign court aid, and advice from foreign solicitors showed likely utility. The requirements for service under r 10.44 were satisfied and Israel was a signatory to and had ratified the Hague Convention. Accordingly, the Court made the orders sought.

Jurisdiction
Australia
Judgment Date
29 April 2016
Procedural Posture
Application in a Corporations Insolvency Proceeding for Production of Documents by Overseas Financial Institutions, Leave for Service Abroad, Letters of Request to Foreign Courts, Confidentiality Orders, and Extensions of Time for Compliance With Earlier Orders. / Interlocutory Application Dated 23 March 2016; Orders Made on 29 April 2016.
Outcome
Application granted; orders sought by the Applicants made.
Legal Topics
['service Abroad Under the Hague Convention' 'production of Documents by Foreign Financial Entities' 'request for Aid of Foreign Courts in External Administration Matters' "liquidators' Examinations" 'confidentiality and Suppression Orders']
['practice and Procedure' 'corporations' 'corporate Insolvency'] ['service Abroad Under the Hague Convention' 'production of Documents by Foreign Financial Entities' 'request for Aid of Foreign Courts in External Administration Matters' "liquidators' Examinations" 'confidentiality and Suppression Orders']

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Procedural Posture

Application in a Corporations Insolvency Proceeding for Production of Documents by Overseas Financial Institutions, Leave for Service Abroad, Letters of Request to Foreign Courts, Confidentiality Orders, and Extensions of Time for Compliance With Earlier Orders. / Interlocutory Application Dated 23 March 2016; Orders Made on 29 April 2016.

Legal Issues

  1. 1 ['Whether leave should be granted to serve the interlocutory application on United Bank of Mizrahi in Israel in accordance with the Hague Convention.' "Whether orders should be made under s 597(9) of the Corporations Act 2001 (Cth) requiring overseas financial institutions to produce documents relevant to liquidators' examinations." 'Whether the Court should request foreign courts in Hong Kong, New York and Geneva to act in aid of orders made under s 597(9) pursuant to s 581(4) of the Corporations Act 2001 (Cth).' 'Whether confidentiality orders should be made in respect of exhibit ARY-5.' 'Whether time for compliance with earlier production orders should be extended for Deutsche Bank (Switzerland) Limited, the Hong Kong and Shanghai Banking Corporation Limited, DBS Bank (Hong Kong) Limited and Standard Chartered Bank New York.']

Ratio Decidendi

The documents sought from the overseas financial institutions were relevant and necessary to the liquidators' examinations into offshore funds that may be assets of Rennie Produce (Aust) Pty Ltd in liquidation; the requests were specific and not fishing expeditions. The liquidators' examinations were an external administration matter, there were good substantive reasons for seeking foreign court aid, and advice from foreign solicitors showed likely utility. The requirements for service under r 10.44 were satisfied and Israel was a signatory to and had ratified the Hague Convention. Accordingly, the Court made the orders sought.

Court Disposition

Application granted; orders sought by the Applicants made.

Orders

  • ['Applicants granted leave to serve the interlocutory application dated 23 March 2016 on United Bank of Mizrahi (Israel) (now Mizrahi Tefahot Bank Ltd) in accordance with the Hague Convention.' "United Bank of Mizrahi ordered under s 597(9) of the Corporations Act 2001 (Cth) to produce specified account opening,...