In the matter of Strarch International Limited (ACN 004 779 677 (In Liquidation) [2005] FCA 829

FEDERAL COURT OF AUSTRALIA

In the matter of Strarch International Limited (ACN 004 779 677 (In Liquidation)

[2005] FCA 829 CORPORATIONS – examination summons – directors outside jurisdiction PRACTICE AND PROCEDURE – whether examination summons is an originating process – service outside jurisdiction Federal Court Rules – O 8 Corporations Act 2001 (Cth) - s 596A

Fiorentino v Irons (1997) 79 FCR 327 followed National Australia Bank Limited v Stern [2000] FCA 588 referred to Re Austral Oil Estates Limited (In Liquidation) (1986) 7 NSWLR 440 referred to IN THE MATTER OF ROBERT ELLIOTT in the name of and as Liquidator of STRARCH INTERNATIONAL LIMITED (ACN 004 779 677) (IN LIQUIDATION) NSD 942 of 2005 JACOBSON J 17 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 942 of 2005

ROBERT ELLIOTT in the name of and as Liquidator of STRARCH INTERNATIONAL LIMITED (ACN 004 779 677) (IN LIQUIDATION) Plaintiff (IN THE MATTER OF Strarch International Limited)

JUDGE: JACOBSON J

DATE OF ORDER: 17 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. That the Court issue Examination Summonses under section 596A of the Corporations Act 2001 to each of:

(a) Yoon Kwai Loh; (b) Tsi Lip Lai; (c) Peng Huah Teoh; and, (d) Hock Keng Tan.

2. That the date and place for the examinations be 10:15 am on 10 and 11 August 2005 at Sydney.

3. That leave be granted, pursuant to Order 8 rule 2(2) of the Federal Court Rules to the Plaintiff to serve the examination summonses outside the Commonwealth, in Malaysia, on:

(a) Yoon Kwai Loh; (b) Tsi Lip Lai; (c) Peng Huah Teoh; and, (d) Hock Keng Tan.

4. That, in lieu of the requirements of Division 3 of Order 8, such service be effected in each case by way of personal service by a private agent of the examination summons accompanied by a translation in the Bahasa Melayu language.