Krejci, in the matter of Greatcell Solar Limited (in liquidation) [2022] FCA 723

Krejci, in the matter of Greatcell Solar Limited (in liquidation) [2022] FCA 723

Leave was granted because the Summons and Order were documents issued by the Court and not originating applications, the affidavit evidence identified the United Kingdom as the foreign country where Mr McIntyre was likely to be, proposed personal service by a solicitor, and established that the Hague Convention applied and permitted that method; Mr McIntyre was a director likely able to produce documents and provide information for the examinations, service would not likely infringe another country's sovereignty, and no contrary reasons were advanced.

Jurisdiction
Australia
Judgment Date
22 June 2022
Procedural Posture
Application for Leave to Serve an Examination Summons and Order for Production Outside Australia / Application Granted
Outcome
Application granted; leave given to serve the Examination Summons and Order for Production on Mr Robert McIntyre in the United Kingdom.
Legal Topics
['service Outside Australia' 'examination Summons' 'order for Production' "liquidators' Public Examinations" 'hague Convention Service']
['practice and Procedure' 'corporations' 'corporate Insolvency'] ['service Outside Australia' 'examination Summons' 'order for Production' "liquidators' Public Examinations" 'hague Convention Service']

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Procedural Posture

Application for Leave to Serve an Examination Summons and Order for Production Outside Australia / Application Granted

Legal Issues

  1. 1 ['Whether the plaintiffs should be granted leave under r 10.44 of the Federal Court Rules 2011 (Cth) to serve an Examination Summons and Order for Production on Mr Robert McIntyre in the United Kingdom.' 'Whether the affidavit evidence satisfied the requirements in r 10.43(3)(a) to (c) of the Federal Court Rules 2011 (Cth).']

Ratio Decidendi

Leave was granted because the Summons and Order were documents issued by the Court and not originating applications, the affidavit evidence identified the United Kingdom as the foreign country where Mr McIntyre was likely to be, proposed personal service by a solicitor, and established that the Hague Convention applied and permitted that method; Mr McIntyre was a director likely able to produce documents and provide information for the examinations, service would not likely infringe another country's sovereignty, and no contrary reasons were advanced.

Court Disposition

Application granted; leave given to serve the Examination Summons and Order for Production on Mr Robert McIntyre in the United Kingdom.

Orders

  • ['Pursuant to rule 10.44 of the Federal Court Rules 2011 (Cth), the plaintiffs have leave to serve the Summons for Examination issued to Mr Robert McIntyre under order 1(b) made on 7 June 2022 upon Mr Robert McIntyre in the United Kingdom.' 'Pursuant to rule 10.44 of the Federal Court Rules 2011 (Cth), the...