Clifton (Liquidator), in the matter of Solar Shop Australia Pty Ltd (In Liquidation) [2014] FCA 891

FEDERAL COURT OF AUSTRALIA

Clifton (Liquidator), in the matter of Solar Shop Australia Pty Ltd (In Liquidation) [2014] FCA 891 Citation: Clifton (Liquidator), in the matter of Solar Shop Australia Pty Ltd (In Liquidation) [2014] FCA 891

Parties: TIMOTHY JAMES CLIFTON AND MARK CHRISTOPHER HALL IN THEIR CAPACITY AS LIQUIDATORS OF SOLAR SHOP AUSTRALIA PTY LTD (IN LIQUIDATION)

File number(s): SAD 163 of 2014

Judge(s): WHITE J

Date of judgment: 19 August 2014

Catchwords: PRACTICE AND PROCEDURE – service abroad – application for leave to serve court order on overseas companies – whether violation of principle of international comity – nations parties to Hague Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters – leave granted pursuant to Federal Court Rules 2011 r 10.44

Legislation: Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters, opened for signature 15 November 1965, 658 UNTS 163 (entered into force 1 November 2010) Corporations Act 2001 (Cth) ss 596B, 596D, 597 Federal Court Rules 2011 (Cth) rr 10.42, 10.43, 10.44, 10.64, 39.05

Cases cited: Donnelly, in the matter of Advance Finance Proprietary Limited (in Liquidation) [2013] FCA 514 Stemcor (Asia) Pty Ltd v Ocean Wave Line SA [2004] FCA 391

Date of hearing: 19 August 2014

Place: Adelaide

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 15

Counsel for the Plaintiffs: S Evans

Solicitor for the Plaintiffs: Kain Corporate & Commercial Lawyers