Nipps (Liquidator), in the matter of Ochre Group Holdings Limited (in liq) [2023] FCA 687

Nipps (Liquidator), in the matter of Ochre Group Holdings Limited (in liq) [2023] FCA 687

Leave to serve the examination summons and associated documents on Mr Sumarya outside Australia is appropriate given the connection to Australia and impracticability of personal service via diplomatic channels; substituted service by email is permitted as it is likely to bring documents to his attention.

Parties
Plaintiff: Jeremy Joseph Nipps; Subject Company: Ochre Group Holdings Limited (in liquidation); Summonsed Party: Made Sumarya; Solicitors in WA Supreme Court Proceedings for Mr Sumarya: Kennedy Vinciullo
Jurisdiction
Australia
Judgment Date
22 June 2023
Procedural Posture
Interlocutory Application / Application for Leave to Serve Summons for Public Examination Outside Australia and for Substituted Service
Outcome
Application granted
Legal Topics
Public Examination, Leave to Serve Overseas, Substituted Service, Liquidator Powers
Corporations Insolvency Practice and Procedure Public Examination Leave to Serve Overseas Substituted Service Liquidator Powers

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Parties

Jeremy Joseph Nipps

Plaintiff

Ochre Group Holdings Limited (in liquidation)

Subject Company

Made Sumarya

Summonsed Party

Kennedy Vinciullo

Solicitors in WA Supreme Court Proceedings for Mr Sumarya

Procedural Posture

Interlocutory Application / Application for Leave to Serve Summons for Public Examination Outside Australia and for Substituted Service

Legal Issues

  1. 1 Whether leave should be granted to serve a summons for public examination on Mr Sumarya outside Australia
  2. 2 Whether substituted service via email should be permitted in lieu of personal service
  3. 3 Whether personal service via diplomatic channels in Indonesia should be dispensed with

Ratio Decidendi

Leave to serve the examination summons and associated documents on Mr Sumarya outside Australia is appropriate given the connection to Australia and impracticability of personal service via diplomatic channels; substituted service by email is permitted as it is likely to bring documents to his attention.

Court Disposition

Application granted

Orders

  • Leave granted to serve summons for public examination issued to Mr Made Sumarya outside Australia via email and diplomatic channels
  • Personal service dispensed with; substituted service by email permitted