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FEDERAL COURT OF AUSTRALIA NOTICES

FEDERAL COURT OF AUSTRALIA NOTICES

Published: 19 February 2018

No. NSD 110 of 2018
IN THE FEDERAL COURT OF AUSTRALIA
District Registry: NEW SOUTH WALES
Division: General
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 5 February 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) and Articles 15 and 19(1) of the UNCITRAL Model Law which is Schedule 1 thereto (Model Law), and subject to Article 20(3) of the Model Law, until further order and subject to Order 2 below, no person shall begin or proceed with:
(a) a proceeding in a court against the Defendant or in relation to the property of the Defendant; or
(b) enforcement process in relation to such property;
except with the leave of the Court and in accordance with such terms (if any) as the Court imposes, as if section 471B of the Corporations Act 2001 (Cth) (Corporations Act) applied.
2. Order 1 above does not affect a secured creditor’s right to realise or otherwise deal with the secured creditor’s security interest, as if section 471C of the Corporations Act applied.
3. Notwithstanding Order 2 above, any application for the issue of a warrant of arrest in Australia of any vessel owned by the Defendant be made ex parte to a judge of this Court with reasons for judgment in this case, Yu v STX Pan Ocean Co Ltd (South Korea) (2013) 223 FCR 189, Yakushiji v Kaisha [2015] FCA 1170 and Kim v SW Shipping Co Ltd [2016] FCA 428 drawn to the attention of the Court at the time any such application is made.
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: 7 February 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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No. NSD 110 of 2018
IN THE FEDERAL COURT OF AUSTRALIA
District Registry: NEW SOUTH WALES
Division: General
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. An application under the Cross-Border Insolvency Act 2008 for recognition of a foreign proceeding in relation to Rizzo-Bottiglieri-de Carlini Armatori SPA was commenced by the plaintiffs, Giovanni Alari, Luciano Caiazzo and Vincenzo Ruggiero , on 1 February 2018 and will be heard by the Federal Court of Australia at Law Courts Building, Queens Square, Sydney, NSW 2000 at 10.15 am on 1 March 2018. Copies of documents filed may be obtained from the Plaintiffs' address for service.
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. Any person intending to appear at the hearing must file a notice of appearance, in accordance with the prescribed form, together with any affidavit on which the person intends to rely, and serve a copy of the notice and any affidavit on the plaintiff at the plaintiff's address for service at least 3 days before the date fixed for the hearing.
4. If you are a foreign creditor you must file in the registry of the Court at the address mentioned in paragraph 1 an affidavit setting out the details of any claim, secured or unsecured, that you may have against the company above at least 3 days before the date fixed for the hearing.
Date: 7 February 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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No. NSD 161 of 2017
IN THE FEDERAL COURT OF AUSTRALIA
District Registry: NEW SOUTH WALES
Division: General
THE BOARD OF DIRECTORS OF RIZZO-BOTTIGLIERI-DE CARLINI ARMATORI SPA AS DEBTOR-IN-POSSESSION OF RIZZO-BOTTIGLIERI-DE CARLINI ARMATORI SPA
Plaintiff
RIZZO-BOTTIGLIERI-DE CARLINI ARMATORI SPA
Defendant
TO all the creditors of RIZZO-BOTTIGLIERI-DE CARLINI ARMATORI SPA.
TAKE NOTICE that:

An application under the Cross-Border Insolvency Act 2008 for an order terminating relief granted under article 19 in relation to Rizzo-Bottiglieri-de Carlini Armatori SPA (RBD) was filed by Mr Giovanni Alari, Mr Luciano Caiazzo and Mr Vincenzo Ruggiero on 1 February 2018 and was heard on 5 February 2018.
FURTHER TAKE NOTICE that on 5 February 2018 the Court ordered that:
Pursuant to Art 22(3) of the Model Law, Orders 3 and 4 made in this proceeding on 14 February 2017, in respect of a concordato preventivo proceeding granted on 19 July 2016 by the Court of Torre Annunziata, Italy in respect of RBD, are vacated with effect from 10 January 2018 being the date of dismissal of the concordato preventivo proceeding by the Court of Torre Annunziata, Italy.
The application under the Cross-Border Insolvency Act 2008 for recognition of a foreign proceeding in relation to RBD filed by the Plaintiff on 10 February 2017, be dismissed.
The Applicants' address for service is Joseph Alan Hurley of HWL Ebsworth Lawyers, Level 14, Australia Square, 264-278 George Street, Sydney 2000, NSW.
Date: 7 February 2017
Name of Applicants' legal practitioner: Joseph Alan Hurley, Partner, HWL Ebsworth Lawyers, Level 14, Australia Square, 264-278 George Street, Sydney, NSW2000, Australia

 

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