McCabe, in the matter of Sargon Capital Pty Limited (receivers and managers appointed) (in liq) [2023] FCA 112

Federal Court of Australia

McCabe, in the matter of Sargon Capital Pty Limited (receivers and managers appointed) (in liq) [2023] FCA 112 File number: NSD 1088 of 2022

Judgment of: CHEESEMAN J

Date of judgment: 16 February 2023

Catchwords: PRACTICE AND PROCEDURE – service outside Australia pursuant to r 10.44 of the Federal Court Rules 2001 (Cth) – where the plaintiffs seek leave to serve documents on five individuals residing outside Australia – where four of the individuals reside in the United States of America and one resides in the United Kingdom – where relevant documents include summonses for examination and orders for production under ss 596A and 596B of the Corporations Act 2001 (Cth) – where service to be effected in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965 – whether appropriate to grant leave to serve outside Australia – Held: leave to serve granted

Legislation: Federal Court Rules 2011 (Cth) r 10.44 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965

Cases cited: Georges (Liquidator), in the Matter of SIRA Pty Limited (In Liquidation) [2022] FCA 768

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 6

Date of hearing: 16 February 2023

Solicitor for the Plaintiffs: ERA Legal

ORDERS NSD 1088 of 2022 IN THE MATTER OF SARGON CAPITAL PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (ACN 608 799 873) ANDREW MCCABE IN HIS CAPACITY AS JOINT AND SEVERAL LIQUIDATOR OF SARGON CAPITAL PTY LIMITED (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (ACN 608 799 873) First Plaintiff