Yeo and Rambaldi (as liquidators), in the matter of Rennie Produce (Aust) Pty Ltd (in liquidation) (No 2)

The applicants, Yeo and Rambaldi, who were acting as liquidators for Rennie Produce (Aust) Pty Ltd, sought leave to serve a court order on financial institutions in Israel and Switzerland. The case involved a request for aid of foreign courts under section 581 of the Corporations Act 2001 (Cth) and a request for the production of documents by foreign financial entities under section 597(9) of the same Act. The central issue was whether the documents sought, which were in the possession of financial institutions overseas, were relevant to the liquidators' examination of the company’s affairs, particularly in identifying the quantum and whereabouts of funds that may have been transferred offshore but not repatriated.

The court examined the applicability of the Hague Convention on the Service Abroad of Judicial and Extra-judicial Documents in Civil or Commercial Matters, noting that Israel, where one of the financial institutions was located, had ratified the convention. It was determined that the documents sought were indeed relevant to the liquidators' examination and would assist in identifying the whereabouts of offshore funds, which were considered assets of the company in liquidation. The court found that the requests were not fishing expeditions but were specific and necessary for the liquidators' duties. Based on the established criteria, the court granted the leave for the application to be served abroad in accordance with the Hague Convention.

The court concluded that the liquidators' examination of the company’s affairs constituted an "external administration matter" under the Corporations Act. Additionally, the requests were deemed to have good substantive reasons and utility. The court issued orders extending the compliance time for Standard Chartered Bank New York and requested the New York Supreme Court to assist in serving the orders. This decision facilitated the liquidators' ability to conduct their examination and recover assets of the company in liquidation.