Mccabe, in the matter of Sargon Capital Pty Ltd (receivers and managers appointed) (in liq) (No 2) [2023] FCA 1465

Mccabe, in the matter of Sargon Capital Pty Ltd (receivers and managers appointed) (in liq) (No 2) [2023] FCA 1465

The Court was satisfied that it had power to authorise the proposed service, that the methods of service other than personal service were justified, available and appropriate, that reasonable attempts at personal service had been made where applicable, and that there was more than adequate connection between each proposed examinee and the jurisdiction because each was a director or former director of an Australian registered company and the proposed examinations concerned the company's examinable affairs. Appropriate orders for service were therefore made.

Jurisdiction
Australia
Judgment Date
23 November 2023
Procedural Posture
Application for Leave to Serve Summonses for Examination and Orders for Production Outside Australia / Orders and Reasons for Judgment
Outcome
Orders made granting leave to serve documents outside Australia and requiring the examinees to contact the assistant to Judicial Registrar Luxton for technical arrangements.
Legal Topics
['service Outside Australia' 'summonses for Examination' 'orders for Production' "liquidators' Examinations" 'alternative Service']
['practice and Procedure' 'corporations' 'corporate Insolvency'] ['service Outside Australia' 'summonses for Examination' 'orders for Production' "liquidators' Examinations" 'alternative Service']

Case Brief

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Procedural Posture

Application for Leave to Serve Summonses for Examination and Orders for Production Outside Australia / Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Whether the plaintiffs should have leave under r 10.44 of the Federal Court Rules 2011 (Cth) to serve summonses for examination and orders for production outside Australia other than by personal service.' 'Whether there was an adequate connection between the people sought to be examined and the jurisdiction, including the subject matter of the proposed examinations.' 'Whether the liquidators had made reasonable attempts to achieve personal service overseas.']

Ratio Decidendi

The Court was satisfied that it had power to authorise the proposed service, that the methods of service other than personal service were justified, available and appropriate, that reasonable attempts at personal service had been made where applicable, and that there was more than adequate connection between each proposed examinee and the jurisdiction because each was a director or former director of an Australian registered company and the proposed examinations concerned the company's examinable affairs. Appropriate orders for service were therefore made.

Court Disposition

Orders made granting leave to serve documents outside Australia and requiring the examinees to contact the assistant to Judicial Registrar Luxton for technical arrangements.

Orders

  • ['Pursuant to r 10.44 of the Federal Court Rules 2011, the plaintiffs have leave to serve the Owen Documents on Anthony Owen in the United States of America by international pre-paid registered post to specified addresses in Illinois and California in accordance with Article 10(a) of the Hague Convention, and by...