Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1111

FEDERAL COURT OF AUSTRALIA

Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 1111 File number: NSD 754 of 2020

Judge: STEWART J

Date of judgment: 30 July 2020

Date of publication of reasons: 4 August 2020

Catchwords: CORPORATIONS – application by administrators for directions under s 90-15 of Sch 2 to the Corporations Act 2001 (Cth), the Insolvency Practice Schedule – whether unquantified risks too great – director's obligations to furnish information to administrators – whether director should be ordered to furnish information PRACTICE AND PROCEDURE – whether leave should be granted to serve on a person in a foreign country pursuant to s 10.42 of the Federal Court Rules 2011 (Cth) – whether to order substituted service pursuant to r 10.24

Legislation: Corporations Act 2001 (Cth) ss 9, 438B; Sch 2, Insolvency Practice Schedule (Corporations) ss 90-15, 90-20 Federal Court Rules 2011 (Cth) rr 10.24, 10.42, 10.43

Cases cited: Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20; 93 ALJR 807 In the matter of RCR Tomlinson Ltd (administrators appointed) [2018] NSWSC 1859 Kelly, in the matter of Halifax Investment Services Pty Ltd (in liquidation) (No 8) [2020] FCA 533; 144 ACSR 292 Kelly (liquidator), in the matter of Australian Institute of Professional Education Pty Limited (in liq) [2018] FCA 780 Krejci, in the matter of Union Standard International Group Pty Ltd (Administrators Appointed) (No 1) [2020] FCA 1110 Re Ansett Australia Ltd (No 3) [2002] FCA 90; 115 FCR 409 Re ONE.TEL LTD and Others [2014] NSWSC 457; 99 ACSR 247 Reidy, in the matter of eChoice Limited (Administrators Appointed) [2017] FCA 1582