Chua (Liquidator), in the matter of Aoji Enrolment Centre of International Education Limited (in liq) [2024] FCA 1351

Chua (Liquidator), in the matter of Aoji Enrolment Centre of International Education Limited (in liq) [2024] FCA 1351

Leave is granted to serve orders for production outside Australia because the documents are relevant to the liquidation and examination, the order facilitates the plaintiffs' enquiries, and Hong Kong's membership of the Hague Convention supports international comity.

Parties
First Plaintiff: Suk Lin Ivy Chua, as a joint foreign representative of Aoji Enrolment Centre of International Education Limited; Second Plaintiff: Kwok Hung Lau, as a joint foreign representative of Aoji Enrolment Centre of International Education Limited; Interested Person: Li Ping Zong
Jurisdiction
Australia
Judgment Date
22 November 2024
Procedural Posture
Liquidation Related Orders for Production / Application for Leave to Serve Orders Overseas
Outcome
leave granted to serve overseas
Legal Topics
Service Overseas, Orders for Production, International Comity, Recognition of Foreign Proceedings
Practice and Procedure Corporations Law Cross Border Insolvency Service Overseas Orders for Production International Comity Recognition of Foreign Proceedings

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Parties

Suk Lin Ivy Chua, as a joint foreign representative of Aoji Enrolment Centre of International Education Limited

First Plaintiff

Kwok Hung Lau, as a joint foreign representative of Aoji Enrolment Centre of International Education Limited

Second Plaintiff

Li Ping Zong

Interested Person

Procedural Posture

Liquidation Related Orders for Production / Application for Leave to Serve Orders Overseas

Legal Issues

  1. 1 Whether leave should be granted to serve orders for production on an overseas company
  2. 2 Whether such service violates the principle of international comity

Ratio Decidendi

Leave is granted to serve orders for production outside Australia because the documents are relevant to the liquidation and examination, the order facilitates the plaintiffs' enquiries, and Hong Kong's membership of the Hague Convention supports international comity.

Court Disposition

leave granted to serve overseas

Orders

  • The orders made by Registrar O'Connor on 14 October 2024 be varied to replace '13 November' with '6 December'.
  • Leave granted pursuant to rule 10.44 of the Federal Court Rules 2011 (Cth) to serve orders for production and any relevant documents outside Australia on Standard Chartered Bank (Hong Kong) Limited.