Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Broken Bay Slipway Pty Ltd v The Yacht 'Flying Cloud' [2006] FCA 309 BROKEN BAY SLIPWAY PTY LTD v THE YACHT 'FLYING CLOUD' NSD 2497 of 2005 ALLSOP J 27 MARCH 2006 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2497 of 2005
BETWEEN: BROKEN BAY SLIPWAY PTY LTD
APPLICANT
AND: THE YACHT 'FLYING CLOUD'
RESPONDENT
JUDGE: ALLSOP J
DATE OF ORDER: 27 MARCH 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: (1) Judgment be entered for the plaintiff against the defendant in the sum of $19,464.82, including interest before judgment of $4455.82. (2) The defendant pay the plaintiff's costs assessed on an indemnity basis of $33,000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2497 of 2005
BETWEEN: BROKEN BAY SLIPWAY PTY LTD
APPLICANT
AND: THE YACHT 'FLYING CLOUD'
RESPONDENT
JUDGE: ALLSOP J
DATE OF ORDER: 27 MARCH 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: (1) Have the above ship valued in writing. (2) Sell the above ship under the Admiralty Rules. (3) The sale need not be by public auction. (4) The method of sale be determined by the Court. (5) The Marshal engage ship brokers, Church Point Charter & Brokerage to value the ship in writing and advise as to the method of sale. (6) Prior to the close of business on 29 March 2006, the Marshal give notice of the ship broker's recommendations as to the method of selling the ship to the solicitors for the Plaintiff, Defendant and any Caveators and other parties granted leave to appear at the hearing of the Plaintiff's motion for sale. (7) Pending further order, the Marshal and the Marshal's ship broker are not to disclose the valuation referred to in order 5 to the parties or anyone else apart from the Marshal's delegates. (8) Until further order, and in particular as long as no other party, whether as caveator or otherwise, expresses an interest in the proceeding, further conduct of these orders and the sale of the vessel may be undertaken by approaching Allsop J in chambers upon prior notification of the National Admiralty Registrar and the Marshal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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