Federal Court of Australia
Federal Court of Australia
Chua (Liquidator), in the matter of Aoji Enrolment Centre of International Education Limited (in liq) [2024] FCA 1351 File number(s): NSD 823 of 2024
Judgment of: BURLEY J
Date of judgment: 22 November 2024
Catchwords: PRACTICE AND PROCEDURE – service overseas – application for leave to serve orders for production on overseas company – whether violation of principle of international comity – nations parties to Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters – leave granted pursuant to r 10.44 of the Federal Court Rules 2011 (Cth)
Legislation: Corporations Act 2001 (Cth) Cross Border Insolvency Act 2008 (Cth) s 6, Sch 1 Federal Court Rules 2011 (Cth) r 10.44, Sch 2 Model Law on Cross Border Insolvency of the United Nations Commission on International Trade Law arts 17(1), 17(2), 21(1)(e), 21(1)(g) Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965
Cases cited: Clifton (Liquidator), in the matter of Solar Shop Australia Pty Ltd (In Liquidation) [2014] FCA 891
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 8
Date of last submission/s: 15 November 2024
Date of hearing: Determined on the papers
Counsel for the Plaintiffs: JP Braithwaite
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