International Litigation Partners Pte Ltd v Chameleon Mining Nl (Receivers and Managers Appointed)

The appeal concerned a dispute between International Litigation Partners Pte Ltd (ILP) and Chameleon Mining NL (in receivership and liquidation) (Chameleon). ILP sought to enforce a foreign arbitral award made in Singapore against Chameleon. The primary issue was whether the Supreme Court of New South Wales had jurisdiction to grant leave to serve Chameleon out of Australia, given that Chameleon was in receivership and liquidation. The High Court of Australia considered the application of the *Service and Execution of Process Act 1992* (Cth) and the *Corporations Act 2001* (Cth) in this context.

The High Court was required to determine whether the *Service and Execution of Process Act* conferred jurisdiction on an Australian court to grant leave for service out of the jurisdiction on a company that was in receivership and liquidation. It also had to consider whether the *Corporations Act* imposed any restrictions on such service, particularly in light of the statutory scheme governing the winding up of companies. The central question was whether the enforcement of a foreign arbitral award fell within the scope of the *Service and Execution of Process Act* when the respondent company was in external administration.

The High Court held that the *Service and Execution of Process Act* did confer jurisdiction to grant leave for service out of the jurisdiction in this instance. Their Honours reasoned that the Act's provisions were broad enough to encompass the enforcement of foreign arbitral awards, and that the existence of receivership and liquidation did not, of itself, oust that jurisdiction. The Court distinguished the situation from cases where a company is in liquidation and the focus is on the distribution of assets, noting that the present case concerned the establishment of a debt for the purpose of enforcement. The Court found that the *Corporations Act* did not preclude the exercise of this jurisdiction.

The High Court allowed the appeal, setting aside the orders of the Court of Appeal of New South Wales and remitting the matter to the Supreme Court of New South Wales for determination of the application for leave to serve the originating process out of the jurisdiction.