Nipps (Liquidator), in the matter of Ochre Group Holdings Limited (in liq) (No 2) [2023] FCA 700

Federal Court of Australia

Nipps (Liquidator), in the matter of Ochre Group Holdings Limited (in liq) (No 2) [2023] FCA 700 File number: WAD 38 of 2023

Judgment of: JACKSON J

Date of judgment: 26 June 2023

Catchwords: PRACTICE AND PROCEDURE - application for leave to serve summons for public examination outside Australia and substituted service - Hague Convention - service by email and phone number - orders made

Legislation: Federal Court Rules 2011 (Cth) rr 1.34, 10.24, 10.43, 10.44, 10.49

Cases cited: Deputy Commissioner of Taxation v Ranguta Limited [2022] FCA 1572 Nipps (Liquidator), in the matter of Ochre Group Holdings Limited (in liq) [2023] FCA 687

Division: General Division

Registry: Western Australia

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 11

Date of hearing: 26 June 2023

Counsel for the Plaintiff: Mr BH Taylor

Solicitor for the Plaintiff: Mills Oakley Lawyers

ORDERS WAD 38 of 2023 IN THE MATTER OF OCHRE GROUP HOLDINGS LIMITED (IN LIQUDIATION) (ACN 008 877 745) JEREMY JOSEPH NIPPS IN HIS CAPACITY AS LIQUIDATOR OF OCHRE GROUP HOLDINGS LIMITED (IN LIQUIDATION) (ACN 008 877 745) Plaintiff

order made by: JACKSON J DATE OF ORDER: 26 JUNE 2023

THE COURT ORDERS THAT:

1. The interlocutory process filed on 26 May 2023 is returnable ex parte. 2. Pursuant to r 10.44 of the Federal Court Rules 2011 (Cth) (Rules), the plaintiff has leave to serve the summons for public examination issued to Mr Nathan John Featherby pursuant to orders made on 1 March 2023, which summons was filed on 3 April 2023 (Featherby Summons), and the orders made by Registrar Trott in these proceedings on 12 June 2023 (redacted to show only the orders applicable to Mr Featherby) on Mr Featherby outside Australia in accordance with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 (the Hague Convention). 3. Pursuant to r 10.24 of the Rules and r 11.4 of the Federal Court (Corporations) Rules 2000 (Cth), personal service of the Featherby Summons is dispensed with and, in lieu of personal service, the Featherby Summons may be served by taking the following steps by 5.00 pm AWST on 27 June 2023: (a) emailing the Featherby Summons to [redacted]; and (b) sending or causing to be sent an SMS message to the mobile telephone number [redacted] in the following terms: 'IMPORTANT: YOUR URGENT ATTENTION IS REQUIRED. DO NOT IGNORE THIS MESSAGE. The Federal Court of Australia has issued a summons for public examination that directly impacts you. A sealed copy of the summons has been emailed to [redacted]. You can also obtain a sealed copy of the summons by requesting it be provided to you from any of the following people: (i) Ochre Group Holdings Limited's (in liquidation) liquidator, Jeremy Nipps of Cor Cordis by email at [redacted], or by calling [redacted]; or (ii) Mr Nipps' lawyer, Brendan Taylor by email at [redacted], or by calling [redacted]. It is very important that you do not ignore this message.' 4. Pursuant to r 10.24 of the Rules, the Featherby Summons is taken to have been duly served when it is served in accordance with paragraph 3 above. 5. A copy of the reasons for decision in relation to these orders and the reasons given for the orders made on 22 June 2023 must be served in accordance with the methods in paragraph 3 above on Mr Featherby within 3 business days of the publication of those reasons. 6. The date and time by which Mr Featherby is to produce documents pursuant to the Featherby Summons is extended to 3.00 pm AWST on 17 July 2023. 7. The Featherby Summons is adjourned to 3.00 pm AWST on 17 July 2023. 8. Any requirement that Mr Featherby attend before the Court at 2.00 pm AWST on Monday 26 June 2023 is dispensed with. 9. The costs of and incidental to the application are the plaintiff's costs in the cause. 10. Under s 37AI of the Federal Court of Australia Act 1976 (Cth) and until 5.00 pm AWST on 30 June 2023 or further order, no person other than the plaintiff and his advisors may have access to the affidavit of James Alexander Raymond sworn 23 June 2023. 11. The matter is adjourned to 9.30 am AWST on 30 June 2023. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.