Elderslie Finance Corporation Limited v Newpage Pty Ltd (No 5) [2007] FCA 961

FEDERAL COURT OF AUSTRALIA

Elderslie Finance Corporation Limited v Newpage Pty Ltd (No 5) [2007] FCA 961 CORPORATIONS – Winding up – letter of request to the court of a foreign country asking it to act in aid of, and to be auxiliary to, the Court in a winding up of a company, by summoning persons to be examined – High Court of Malaya – considerations relevant to exercise of discretion – form of letter of request Corporations Act 2001 (Cth) s 581 ELDERSLIE FINANCE CORPORATION LIMITED (ACN 008 678 233)

AND ANOR v NEWPAGE PTY LTD (ACN 087 645 216) (RECEIVER AND MANAGER APPOINTED) (IN LIQUIDATION)

NSD 4OF 2007

LINDGREN J

20 JUNE 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 4 OF 2007

BETWEEN: ELDERSLIE FINANCE CORPORATION LIMITED

(ACN 008 678 233)

First Plaintiff

PETER ALEXIS GEORGE

Second Plaintiff

AND: NEWPAGE PTY LTD (ACN 087 645 216)

(RECEIVER AND MANAGER APPOINTED)

(IN LIQUIDATION)

Defendant

BARRY KENNETH HAMILTON IN HIS CAPACITY AS OFFICIAL LIQUIDATOR OF NEWPAGE PTY LTD

(ACN 087 645 216) (RECEIVER AND MANAGER APPOINTED) (IN LIQUIDATION)

Applicant

JUDGE: LINDGREN J DATE OF ORDER: 20 JUNE 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. A letter of request in the form annexed be issued by the Court to: The Chief Justice of the Federal Court of Malaysia The Right Honourable Tun Dato' Sri Ahmad Fairuz bin Dato' Sheikh Abdul Halim (as Acting Chief Justice of the High Court of Malaya) Office of the Chief Registrar Federal Court of Malaysia Palace of Justice Precinct 3 62506 PUTRAJAYA MALAYSIA requesting that Court to act in aid of and to be auxiliary to this Court in respect of the winding up of Newpage Pty Limited (Receiver and Manager Appointed) (in liquidation) ACN 087 645 216.