McCabe, in the matter of Sargon Capital Pty Limited (receivers and managers appointed) (in liq) [2023] FCA 112

McCabe, in the matter of Sargon Capital Pty Limited (receivers and managers appointed) (in liq) [2023] FCA 112

The evidence established that the proposed methods of service on the foreign individuals comply with both the Hague Convention and relevant foreign law; there is nothing in the principle of international comity to preclude the Court granting leave. Therefore, it is appropriate to grant leave to serve the documents outside Australia as sought.

Parties
First Plaintiff: Andrew McCabe in his capacity as joint and several liquidator of Sargon Capital Pty Limited (Receivers and Managers Appointed) (In Liquidation) (ACN 608 799 873); Second Plaintiff: Joseph Hayes in his capacity as joint and several liquidator of Sargon Capital Pty Limited (Receivers and Managers Appointed) (In Liquidation) (ACN 608 799 873)
Jurisdiction
Australia
Judgment Date
16 February 2023
Procedural Posture
Application for Leave to Serve Documents Outside Australia / Ex Parte Hearing for Leave to Serve
Outcome
Leave to serve documents outside Australia granted.
Legal Topics
Service Outside Australia, Liquidation, Examination Summons, Orders for Production
Practice and Procedure Corporations Law Service Outside Australia Liquidation Examination Summons Orders for Production

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Parties

Andrew McCabe in his capacity as joint and several liquidator of Sargon Capital Pty Limited (Receivers and Managers Appointed) (In Liquidation) (ACN 608 799 873)

First Plaintiff

Joseph Hayes in his capacity as joint and several liquidator of Sargon Capital Pty Limited (Receivers and Managers Appointed) (In Liquidation) (ACN 608 799 873)

Second Plaintiff

Procedural Posture

Application for Leave to Serve Documents Outside Australia / Ex Parte Hearing for Leave to Serve

Legal Issues

  1. 1 Whether leave should be granted to serve summonses for examination and orders for production on individuals residing outside Australia under rule 10.44 of the Federal Court Rules 2011 (Cth)

Ratio Decidendi

The evidence established that the proposed methods of service on the foreign individuals comply with both the Hague Convention and relevant foreign law; there is nothing in the principle of international comity to preclude the Court granting leave. Therefore, it is appropriate to grant leave to serve the documents outside Australia as sought.

Court Disposition

Leave to serve documents outside Australia granted.

Orders

  • Plaintiffs have leave to serve specified documents on Mr Anthony Owen in the USA by process server.
  • Plaintiffs have leave to serve specified documents on Mr Charles Matthew Danzeisen in the USA by process server.