IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
No. NSD 654 of 2021

MICHELE BOTTIGLIERI ARMATORE S.P.A.

TO all the creditors of Michele Bottiglieri Armatore S.P.A.

TAKE NOTICE that:

  1. An Originating Process under the Cross‑Border Insolvency Act 2008 (Cth) (Act) for recognition of a foreign proceeding in relation to Michele Bottiglieri Armatore S.P.A was commenced by the Plaintiff, Michele Bottiglieri Armatore S.P.A, on 5 July 2021 (Federal Court of Australia Proceeding No. NSD 654 of 2021). No date for hearing of the Originating Process has yet been fixed. Copies of documents filed may be obtained from the Plaintiff’s address for service.
  2. On 9 July 2021, the Federal Court of Australia made the following orders under the Act in relation to Michele Bottiglieri Armatore S.P.A. (the Defendant):
    1. Pursuant to s 6 of the Act, Article 19 of the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law in Schedule 1 of the Act, and r 15A.4 of the Federal Court (Corporations) Rules 2000 (Cth) (Rules), until the originating process in this proceeding is determined or until further order of the Court, the commencement or continuation of any individual action or legal proceeding (including without limitation any arbitration, mediation or any judicial, quasi-judicial, administrative action, proceeding or process whatsoever) against the Defendant or any of its assets, rights and obligations is enjoined and stayed respectively.
    2. Any application for the issue of a warrant of arrest in Australia of any vessel owned or chartered by the Defendant be dealt with by a Judge of this Court and at the time any such application is made the following matters and documents be drawn to the attention of the Court:
      1. these Orders; and
      2. the fact that the vessel is engaged in commercial trade; and
      3. copies of the reasons of the Court in Yu v STX Pan Ocean Co Ltd (2013) 223 FCR 189; [2013] FCA 680 at [2], [3] and [39] et seq, Yakushiji v Kaisha [2015] FCA 1170 and Kim v SW Shipping Co Ltd [2016] FCA 428.
  3. The Plaintiff’s address for service is Joe Hurley, Partner, HWL Ebsworth Lawyers, Level 14, Australia Square, 264-278 George Street, Sydney, NSW2000, Australia.
  4. The name and address of the Plaintiff: Michele Bottiglieri Armatore S.P.A., as debtor in possession of Michele Bottiglieri Armatore S.P.A., Piazza Giovanni Bovio no. 22, Napoli, Republic of Italy. 

Date: 12 July 2021

Name of Plaintiff’s legal practitioner: Joe Hurley, Partner, HWL Ebsworth Lawyers, Level 14, Australia Square, 264-278 George Street, Sydney, NSW2000, Australia