In the matter of A.C.N. 092 138 442 Pty Limited (in liquidation)

In the Federal Court of Australia, the liquidator of A.C.N. 092 138 442 Pty Limited sought leave to proceed with a claim against a defendant, a foreign company that was in liquidation in its country of incorporation. The primary issue before the court was whether leave was necessary to bring proceedings against a foreign company under section 500(2) of the Corporations Act 2001 (Cth). Specifically, the court had to determine if the phrase "a company registered under this Act" in section 9 of the Corporations Act includes a foreign company registered under Part 5.2 Div 2 of the Act.

The court examined the relevant statutory provisions and considered the nature of foreign companies registered under the Corporations Act. It noted that the phrase "a company registered under this Act" in section 9 should be interpreted broadly to include foreign companies that are registered under the Act. Consequently, the court concluded that leave under section 500(2) was not required to bring proceedings against a foreign company that was in liquidation in its country of incorporation. The court also found the service of the interlocutory process to be effective, as it complied with the relevant procedural requirements.

The court granted the liquidator leave to proceed with the claim against the defendant. It found that the phrase "a company registered under this Act" in section 9 includes foreign companies registered under Part 5.2 Div 2 of the Act. The court further held that the service of the interlocutory process was effective.