Ball v Jeremy Joseph Nipps as liquidator of Ochre Group Holdings Ltd (in Liquidation)

In the Supreme Court of Western Australia, Saxon Travis Ball, Michael Russell Deliu, and Made Sumarya commenced a proceeding against Jeremy Joseph Nipps as liquidator of Ochre Group Holdings Ltd (in liquidation) seeking relief under the Corporations Regulations 2001 (Cth) and the Insolvency Practice Schedule (Corporations). The plaintiffs, all directors of Ochre Group Holdings, sought to revoke the liquidator's rejection of their respective proofs of debt and to compel the liquidator to call a meeting of creditors for the purpose of resolving that the liquidator be removed. The proceeding was heard over two days, the first on 15 August 2023, and the second on 11 September 2023. The third plaintiff, Mr Sumarya, did not attend either hearing. The first and second plaintiffs, Mr Ball and Mr Deliu, consented to the dismissal of their applications on 15 August 2023. The court dismissed the application of the third plaintiff, Mr Sumarya, in his absence on 11 September 2023. The court considered the power to proceed in the absence of a party under the Rules of the Supreme Court 1971 (WA) O 58 r 22 and declined to make a springing order under the Rules of the Supreme Court 1971 (WA) O 4A r 23. The court found that the evidence before it was insufficient to discharge the onus on Mr Sumarya to show that the liquidator was wrong in rejecting his proof of debt. Accordingly, the court dismissed Mr Sumarya's application and ordered him to pay costs.