In the High Court of New Zealand, in Admiralty, Auckland Registry
No. A.D. 926/98
Between Bridon New Zealand Limited, a duly incorporated company having its registered office at
6-10 Greenmount Drive, East Tamaki, Auckland,
New Zealand, and carrying on business there and elsewhere in New Zealand as general merchants and manufacturers of industrial equipment-Plaintiff:
And-The ship Wybia-First Defendant:
And-Network Shipping NZ (1994) Limited
(in liquidation), care of Kenneth Athol Howard, as liquidators, Paraparaumu-Second Defendant:
And-Ocean Terminals Limited, a duly incorporated company having its registered office at 11 Watt Street, Wanganui, and carrying on business as port operators.
1. The ocean-going tug Wybia has been sold and the gross proceeds of such sale, amounting to NZ$111,888.00, plus Goods and Services Tax of NZ$13,986.00, total NZ$125,874.00, have been paid into the Court at Auckland from which sum will be deducted and paid out brokers' commission of NZ$7284.96, Goods and Services Tax of NZ$13,986.00 and, in accordance with the Order of the Court dated 14 June 2001, for payment in favour of the plaintiff totalling NZ$81,058.83 for solicitors' costs and disbursements in the proceedings and associated with the arrest and sale of the first defendant, leaving a net sum of NZ$23,544.21 held by the Registrar.
2. The priority of the claims against the proceeds of sale will not be determined until after 17 August 2001.
3. Any person having a claim against the ship or the proceeds of sale of the ship on which that person intends to proceed to judgment should commence an action to enforce that claim before the date specified in paragraph 2 and, if necessary, apply to the Court to extend the period within which the order of priority of claims will not be determined.
4. If the steps referred to in paragraph 3 are not taken, an order determining the priority of claims against the ship or the proceeds of sale of the ship may be made without notice to the person claiming against the ship or the proceeds of sale of the ship.
Dated at Auckland this 2nd day of July 2001.
G. A. MORTIMER, Registrar.