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FEDERAL COURT OF AUSTRALIA NOTICE Jul 10

FEDERAL COURT OF AUSTRALIA NOTICE Jul 10

Published: 10 July 2018

FORM 21 NOTICE OF MAKING OF ORDER UNDER THE CROSS BORDER INSOLVENCY ACT 2008
(rule 15A.7)

IN THE FEDERAL COURT OF AUSTRALIA                No. NSD 110 of 2018


GIOVANNI ALARI, LUCIANO CAIAZZO AND VINCENZO RUGGIERO IN THEIR CAPACITY AS BANKRUPTCY TRUSTEES OF RIZZO-BOTTIGLIERI-DE CARLINI ARMATORI SPA

Plaintiffs

RIZZO-BOTTIGLIERI-DE CARLINI ARMATORI SPA


Defendant

TO all the creditors of RIZZO-BOTTIGLIERI-DE CARLINI ARMATORI SPA.

TAKE NOTICE that:

1. On 29 June 2018, the Federal Court of Australia, in Proceeding No. NSD 110 of 2018 commenced by the Plaintiffs, Giovanni Alari, Luciano Caiazzo and Vincenzo Ruggiero, as bankruptcy trustees of Rizzo-Bottiglieri-de Carlini Armatori SPA, made the following orders under the Cross-Border Insolvency Act 2008 in relation to Rizzo-Bottiglieri-de Carlini Armatori SPA (the Defendant):

1.Pursuant to section 6 of the Cross-Border Insolvency Act 2008 (Cth) (Act) and clause 1 of Article 17 of the Model Law, the decision n. 3/2018 in proceeding n. 121/2017 and n. 141/2014-142/2014 and 152/14 in the Court of Torre Annunziata, Italy (Italian bankruptcy proceeding) dated 11 January 2018 in respect of Rizzo-Bottiglieri-De Carlini Armatori SpA (Company), pursuant to Legge Fallimentare Italiana (Legge n. 267/1942) (the Italian Bankruptcy Act), by which the Company was declared bankrupt and the Plaintiffs were appointed Bankruptcy Trustees of the Company, be and is hereby recognised as a foreign proceeding, within the meaning of Article 2(a) and Article 17(1) of the Model Law.

2.Pursuant to section 6 of the Act and clause 2 of Article 17 of the Model Law, the Italian bankruptcy proceeding be and is hereby recognised as a foreign main proceeding within the meaning of Article 2(b) and Article 17(2) of the Model Law.

3.The Plaintiffs, Messrs Giovanni Alari, Luciano Caiazzo and Vincenzo Ruggiero, be and are hereby recognised as a foreign representative within the meaning of Article 2(d) of the Model Law in respect of the Italian bankruptcy proceeding.

4.For the purpose of section 16 of the Act and Article 20(2) of the Model Law, the scope and modification or termination of the stay and suspension referred to in Article 20(1) of the Model Law are the same as would apply if the stay and suspension arose under Part 5.4 of Chapter 5 of the Corporations Act 2001 (Cth).

5.Notwithstanding Order 4, any application for the issue of a warrant of arrest in Australia of any vessel owned or chartered by the Defendant be made to a Judge of this Court with these orders and the reasons for judgment in this case and in Yu v STX Pan Ocean Co Ltd (South Korea), in the matter of STX Pan Ocean Co Ltd [2013] FCA 680 and Yakushiji v Kaisha [2015] FCA 1170, drawn to the attention of the Court at the time any such application is made.

6.Orders 1, 2 and 3 or the Orders made in these proceedings on 5 February 2018 are vacated.

7.Unless the Court otherwise orders, the stay and suspension referred to in Order 4 will terminate and Orders 1-5 will be vacated without further order on 13 October 2018, with effect from that date.

2. The Plaintiffs' address for service is Joseph Alan Hurley, Partner, HWL Ebsworth Lawyers, Level 14, Australia Square, 264-278 George Street, Sydney, NSW2000, Australia.

3. The name and address of the foreign representative is Giovanni Alari, Luciano Caiazzo and Vincenzo Ruggiero, c/- Studio Associato Alari e Giordano, Piazza Caduti Civili di Guerra, 1 - 84122 Salerno, Republic of Italy.

Date: 2 July 2018

Name of Plaintiffs' legal practitioner: Joseph Alan Hurley, Partner, HWL Ebsworth Lawyers, Level 14, Australia Square, 264-278 George Street, Sydney, NSW2000, Australia

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