NOTICE OF APPLICATION TO DETERMINE PRIORITIES IN THE FEDERAL COURT OF AUSTRALIA

Form 28           NOTICE OF APPLICATION TO DETERMINE PRIORITIES

                          ADMIRALTY RULES (subrule 73 (2))

No.                         NSD657/2022

IN THE FEDERAL COURT OF AUSTRALIA

IN ADMIRALTY

District Registry: NSW

Division: General

BANK OF NEW ZEALAND AS SECURITY TRUSTEE FOR AND ON BEHALF OF BANK OF NEW ZEALAND AND EXPORT FINANCE NORWAY AS LENDERS and

another/others named in the schedule Plaintiff

MY ISLAND ESCAPE

Defendant

NOTICE OF APPLICATION TO DETERMINE PRIORITIES MY "ISLAND ESCAPE"

1. The Ship MY "Island Escape" has been sold and the proceeds of sale, USD5,362,500 (in respect of the ship less the brokerage fees) plus AUD59,341.07 (in respect of unused bunker fuel and lubricant oils and other property and interest less the ship valuation fee), have been paid into Court at the Federal Court of Australia, Western Australia registry.
2. Application has been made to determine the priority of claims against the proceeds of sale and any interest that has accrued thereon.
3. The application will not be determined until after 23 June 2023.

    

4. Anyone who has a claim against the proceeds of sale should bring that claim by filing and serving a statement of claim in Federal Court proceeding NSD657 of 2022 together with the evidence in support of that claim before 23 June 2023, and if necessary apply to the Court to extend the period within which the order of priorities will not be determined, otherwise an order determining the priority of claims against the ship or proceeds of sale may be made without notice.