Probis Financial Services Pty Ltd (administrators appointed) v Kong (No 2) [2024] FCA 550

Federal Court of Australia

Probis Financial Services Pty Ltd (administrators appointed) v Kong (No 2) [2024] FCA 550 File number(s): NSD 1005 of 2023

Judgment of: GOODMAN J

Date of judgment: 27 May 2024

Catchwords: PRACTICE AND PROCEDURE – application for leave to issue a subpoena and to serve it in New Zealand – significance of documents sought to the issues in the proceeding – whether proposed subpoena lacks legitimate forensic purpose – leave to be given with respect to parts of the proposed subpoena

Legislation: Trans-Tasman Proceedings Act 2010 (Cth), s 31 Federal Court Rules 2011 (Cth), rr 24.01, 34.66

Cases cited: Probis Financial Services Pty Ltd (administrators appointed) v Kong [2023] FCA 1398 Rauland Australia Pty Ltd v Law [2020] FCA 516 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Seven Network (Operations) Ltd v Fairfax Media Publications Pty Ltd [2023] FCAFC 185 Wong v Sklavos; Satchell v Sklavos [2014] FCAFC 120; (2014) 319 ALR 378

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 37

Date of hearing: 14 May 2024

Counsel for the Applicants: Mr P Knowles SC

Solicitor for the Applicants: O'Loughlin Westhoff

Counsel for the Respondent: Ms H Ryan

Solicitor for the Respondent: Allen Overy Shearman Sterling

ORDERS NSD 1005 of 2023

BETWEEN: PROBIS FINANCIAL SERVICES PTY LTD (ADMINISTRATORS APPOINTED) First Applicant