Mccabe, in the matter of Sargon Capital Pty Ltd (receivers and managers appointed) (in liq) (No 2) [2023] FCA 1465

Federal Court of Australia

Mccabe, in the matter of Sargon Capital Pty Ltd (receivers and managers appointed) (in liq) (No 2) [2023] FCA 1465 File number: NSD 1088 of 2022

Judgment of: STEWART J

Date of judgment: 23 November 2023

Catchwords: PRACTICE AND PROCEDURE – application for service of summonses for examination and orders for production outside of Australia – where there is an adequate connection between the people sought to be examined and this jurisdiction – where liquidators have made reasonable attempts to achieve personal service overseas

Legislation: Corporations Act 2021 (Cth), ss 596A, 596B Federal Court Rules 2011 (Cth) r 10.44

Cases cited: Krejci in his capacity as liquidator of Myoora Land Pty Ltd (in liq) v Myoora Land Pty Ltd [2023] FCA 620 McCabe, in the matter of Sargon Capital Pty Limited (receivers and managers appointed) (in liq) [2023] FCA 112 Stemcor (A/sia) Pty Ltd v Oceanwave Line SA [2004] FCA 391 Waller v Freehills [2009] FCAFC 89; 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: 11

Date of hearing: 23 November 2023

Counsel for the Plaintiffs: M Rose

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) 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