Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Krejci in his capacity as liquidator of Myoora Land Pty Ltd (in liq) v Myoora Land Pty Ltd [2023] FCA 620 File number(s): NSD 22 of 2023
Judgment of: RARES J
Date of judgment: 24 May 2023
Date of orders: 29 May 2023
Catchwords: CORPORATIONS – winding up – ex parte application under r 10.44 of Federal Court Rules 2011 by liquidator to serve examination summons under ss 596A and 596B and summons to produce under s 597(9) of the Corporations Act 2001 (Cth) outside Australia on non-citizens resident overseas – whether examination summons under s 596A or summons to produce documents under s 597(9) is originating application – where issue of summons to be served overseas affects international comity – where Act applies extraterritorially – held: application granted.
Legislation: Corporations Act 2001 (Cth) ss 3, 5, 596A, 596B and 597(9) Federal Court (Corporations) Rules 2000 (Cth) r 11.3 Federal Court Rules 2011 rr 10.44, 10.46 Companies Act 2006 (UK) s 1140 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at The Hague on 15 November 1965, Art 10
Cases cited: Ho v Akai Pty Ltd (in liq) (2006) 247 FCR 205 Palmer v Ayres (2017) 259 CLR 478 Waller v Freehills (2009) 177 FCR 507
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 39
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