Fourteen Consulting Services Pty Ltd (in liq) v A.O.B Holding Pty Ltd (in liq) (No 4) [2024] FCA 159

Fourteen Consulting Services Pty Ltd (in liq) v A.O.B Holding Pty Ltd (in liq) (No 4) [2024] FCA 159

Leave was granted because the service method complies with Article 10(a) of the Hague Service Convention and US law permits postal service; the documents sought are relevant to the affairs of the companies in liquidation and court examinations, justifying cross-border service.

Jurisdiction
Australia
Judgment Date
22 February 2024
Procedural Posture
Interlocutory Application / Application for Leave to Serve Documents Outside Australia
Outcome
Application granted
Legal Topics
['service of Documents Overseas' 'suppression Orders' 'order for Production' 'hague Service Convention' 'corporate Insolvency']
['practice and Procedure' 'corporations Law'] ['service of Documents Overseas' 'suppression Orders' 'order for Production' 'hague Service Convention' 'corporate Insolvency']

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Procedural Posture

Interlocutory Application / Application for Leave to Serve Documents Outside Australia

Legal Issues

  1. 1 ['Whether leave should be granted under r 10.44 of Federal Court Rules 2011 to serve an order for production overseas' 'Whether the method of service complies with the Hague Service Convention' 'Relevance of documents sought to examinable affairs in liquidation']

Ratio Decidendi

Leave was granted because the service method complies with Article 10(a) of the Hague Service Convention and US law permits postal service; the documents sought are relevant to the affairs of the companies in liquidation and court examinations, justifying cross-border service.

Court Disposition

Application granted

Orders

  • ["Registrar O'Connor's order of 20 February 2024 vacated." 'For three years or until further order, certain confidential affidavits and annexures are suppressed: only disclosed to specified parties and Court.' 'Leave granted under r 10.44 to serve the order for production (and related orders) on Apple Inc. in the...