Yeo and Rambaldi (as liquidators), in the matter of Rennie Produce (Aust) Pty Ltd (in liquidation) (No 2) [2016] FCA 449

FEDERAL COURT OF AUSTRALIA

Yeo and Rambaldi (as liquidators), in the matter of Rennie Produce (Aust) Pty Ltd (in liquidation) (No 2) [2016] FCA 449 File number: VID 1199 of 2013

Judge: MIDDLETON J

Date of judgment: 29 April 2016

Catchwords: PRACTICE AND PROCEDURE – service abroad – application for leave to serve court order on overseas financial institutions – Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965 – leave granted pursuant to Federal Court Rules 2011(Cth) r 10.44. PRACTICE AND PROCEDURE – Request for aid of foreign courts – s 581 of the Corporations Act 2001 (Cth) – Company in liquidation. PRACTICE AND PROCEDURE – Production of documents by foreign financial entities – s 597(9) of the Corporations Act 2001 (Cth).

Legislation: Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965 Corporations Act 2001 (Cth) ss 597(9), 581(4) Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG(1)(a), 37AJ Federal Court Rules 2011 (Cth) rr 10.44, 10.64, 10.65

Cases cited: Clifton (Liquidator), in the matter of Solar Shop Australia Pty Ltd (In Liquidation) [2014] FCA 891 Donnelly (as liquidator), in the matter of Advance Finances Pty Limited (in liq) [2013] FCA 514 Elderslie Finance Corporation Limited v Newpage Pty Ltd No 5) [2007] FCA 961 Yeo and Rambaldi (as liquidators), in the matter of Rennie Produce (Aust) Pty Ltd (in liquidation) [2015] FCA 849