Federal Court of Australia
Federal Court of Australia
Nipps (Liquidator), in the matter of Ochre Group Holdings Limited (in liq) (No 3) [2023] FCA 1404 File number: WAD 38 of 2023
Judgment of: JACKSON J
Date of judgment: 13 November 2023
Date of publication of reasons: 14 November 2023
Catchwords: CORPORATIONS - summons for examination issued - leave previously granted to serve examination summonses overseas and for substituted service - arrest warrants for failure to attend examinations without reasonable cause - onus of proof of reasonable cause lies on examinee - facts uniquely within the knowledge of the examinee - no evidence of any reasonable cause - arrest warrants issued
Legislation: Corporations Act 2011 (Cth) ss 596A, 596B, Part 5.9 Federal Court (Corporations Rules) 2000 (Cth) r 11.10 Federal Court Rules 2011 (Cth) r 10.23
Cases cited: Ball v Jeremy Joseph Nipps as liquidator of Ochre Group Holdings Ltd (in Liquidation) [2023] WASC 348 Chugg v Pacific Dunlop Ltd (1990) 170 CLR 249 Darling Island Stevedoring & Lighterage Co Ltd v Jacobsen (1945) 70 CLR 635 Frigger v Trenfield (No 10) [2021] FCA 1500 Mensink v Parbery [2018] FCAFC 101; (2018) 264 FCR 265 Pascoe; Re GMP Electrical and Technical Services Limited (in liq) [2010] FCA 999 Polis v Zombor (No 4) [2019] FCA 2101 R v DA [2016] VSCA 325 Re Actwane Pty Limited (In Liquidation) (Receiver & Manager Appointed) [2002] NSWSC 512 Re Biotech Energy Pty Ltd (Receivers and Managers appointed) [2023] FCA 653 Re Struthers [2005] NSWSC 864
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