Georges (Liquidator), in the Matter of SIRA Pty Ltd (In Liquidation) [2022] FCA 768

Georges (Liquidator), in the Matter of SIRA Pty Ltd (In Liquidation) [2022] FCA 768

Leave was granted because the plaintiffs' affidavit satisfied the requirements of r 10.43(3)(a) to (c) as required by r 10.44(2), the proposed service on Nutrition Science Design Pte Ltd in Singapore by private agent was permitted by Singapore law, and the principle of international judicial comity did not preclude leave in light of the Singapore Rules' contemplation of foreign process including commands of a foreign sovereign and the extraterritorial operation of ss 596A and 596B of the Corporations Act 2001 (Cth).

Jurisdiction
Australia
Judgment Date
01 July 2022
Procedural Posture
Application for Leave to Serve Orders Outside Australia in a Corporations Insolvency Proceeding / Ex Tempore Judgment on Plaintiffs' Application Under R 10.44 of the Federal Court Rules 2011 (cth)
Outcome
Leave granted
Legal Topics
['service Outside Australia' 'examination Summonses' 'private Agent Service in Singapore' 'international Judicial Comity' 'extraterritorial Operation of Ss 596 a and 596 B of the Corporations Act 2001 (cth)']
['practice and Procedure' 'corporations and Corporate Insolvency'] ['service Outside Australia' 'examination Summonses' 'private Agent Service in Singapore' 'international Judicial Comity' 'extraterritorial Operation of Ss 596 a and 596 B of the Corporations Act 2001 (cth)']

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Procedural Posture

Application for Leave to Serve Orders Outside Australia in a Corporations Insolvency Proceeding / Ex Tempore Judgment on Plaintiffs' Application Under R 10.44 of the Federal Court Rules 2011 (cth)

Legal Issues

  1. 1 ['Whether leave should be granted under r 10.44 of the Federal Court Rules 2011 (Cth) to serve the orders made on 30 May 2022 on Nutrition Science Design Pte Ltd in Singapore.' 'Whether the affidavit evidence satisfied the requirements in r 10.43(3)(a) to (c) as applied by r 10.44(2).' 'Whether the proposed method of service by private agent is permitted by the laws of Singapore.' 'Whether international judicial comity should preclude leave to serve the orders in Singapore.']

Ratio Decidendi

Leave was granted because the plaintiffs' affidavit satisfied the requirements of r 10.43(3)(a) to (c) as required by r 10.44(2), the proposed service on Nutrition Science Design Pte Ltd in Singapore by private agent was permitted by Singapore law, and the principle of international judicial comity did not preclude leave in light of the Singapore Rules' contemplation of foreign process including commands of a foreign sovereign and the extraterritorial operation of ss 596A and 596B of the Corporations Act 2001 (Cth).

Court Disposition

Leave granted

Orders

  • ['Pursuant to rule 10.44 of the Federal Court Rules 2011(Cth), leave is granted to the plaintiffs to serve the orders made on 30 May 2022 in this proceeding on Nutrition Science Design Pte Ltd (UEN 201703213M), a company registered in Singapore, in accordance with the laws of Singapore.']