In the matter of Strarch International Limited (ACN 004 779 677 (In Liquidation)

Strarch International Limited, in liquidation, sought orders from the Court to examine four individuals under the Corporations Act 2001. The company was in liquidation and alleged that the individuals had relevant information regarding the company's financial affairs. The respondents, Yoon Kwai Loh, Tsi Lip Lai, Peng Huah Teoh, and Hock Keng Tan, were connected to the company in various capacities, and the plaintiff sought to examine them to obtain information about the company's assets and liabilities. The Court was required to decide whether to issue examination summonses under section 596A of the Corporations Act 2001 and whether to grant leave to serve the summonses outside the Commonwealth, specifically in Malaysia.

The Court found that the plaintiff had made out a prima facie case for the issuance of examination summonses under section 596A of the Corporations Act 2001. The Court was satisfied that the respondents had information relevant to the company's financial affairs and that the information was not reasonably available to the liquidator by other means. The Court also found that the respondents were not ordinarily resident in Australia and that it was necessary to grant leave to serve the summonses outside the Commonwealth to ensure that the examination could proceed. The Court held that personal service by a private agent accompanied by a translation in the Bahasa Melayu language was sufficient to effect service of the summonses.

The Court issued examination summonses under section 596A of the Corporations Act 2001 to each of the respondents. The Court set the date and place for the examinations as 10:15 am on 10 and 11 August 2005 in Sydney. The Court granted leave to the plaintiff to serve the examination summonses outside the Commonwealth, specifically in Malaysia, by way of personal service by a private agent accompanied by a translation in the Bahasa Melayu language. The Court made no order as to costs.