Farm Debts Mediation Act

In the matter of Sundara [2015] NSWSC 1694

A lender appointed receivers to four borrowers and sold the secured properties. The sole director of each borrower claimed that the loans were farm debts and the lender contravened the Farm Debt Mediation Act by failing to give notice to permit mediation and hence its enforcement action and sale of the properties was void and …

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NAB v Kamboj [2014] NSWSC 865

The borrowers defaulted on three farm loans and the bank claimed possession. The borrowers admitted the bank’s claim but argued the bank was estopped from seeking possession because of representations made by the bank at mediation that they would refinance the loans if an amount owing could be agreed upon. The court found no defence …

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Browning v ANZ [2014] QCA 43

The lender sought judgement for: $6.8 million Two cattle stations Specified livestock This was granted in default of a defence being filed by a Registrar. However being a mixed judgement only a Judge had the power to enter default judgement (not the Registrar). It has been long accepted that a defendant is entitled to have …

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Sharpe v Hargraves Secured Investments [2013] NSWCA 288

A lender and farmer reached a settlement under the Farm Debts Mediation Act. The settlement was breached and the borrower argued the whole process had to begin again. The Court of Appeal said: What the Act provides for is a measure by which farmers will have an opportunity to enter into mediation of disputes before …

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McMahon v Permanent Custodians [2013] NSWCA 275

Farmers defaulted under their mortgage and also the agreement resulting from mediation. The lender applied for a certificate under the Farm Debt Mediation Act 1994 prior to expiry of the extended period granted under the mediation agreement but the lender only commenced enforcement action after its expiry. Consent orders were made granting possession and judgment …

McMahon v Permanent Custodians [2013] NSWCA 275 Read More »

Permanent Custodians v McMahon [2013] NSWSC 769

The borrower and the lender had attended mediation under the Farm Debt Mediation Act. The mediation agreement included terms that the borrowers had until a particular date to refinance the properties or sell the properties to repay all arrears. The lender obtained a certificate under s11 of the Act four days before that date (i.e. …

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McMahon v Permanent Custodians [2013] NSWCA 201

The borrowers defaulted. The defaults were subject to the Farm Debt Mediation Act and there had been lengthy proceedings during which the borrowers agreed to consent orders giving possession to the lender. The borrower then attempted to set aside those consent orders on the basis that enforcement action had been prohibited because there was no …

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Sharpe v Heywood [2013] NSWCA 192

The borrower entered into a loan agreement that included security over farm machinery and a term in the loan agreement provided that in the event of default a caveat would be lodged over the borrower’s property. The loan agreement was covered by the Farm Debt Mediation Act. The parties attended mediation as required and the …

Sharpe v Heywood [2013] NSWCA 192 Read More »

Hargraves Secured Investments v Slaven [2013] NSWSC 673

The matter had already been before the courts for many years, including having had an a determination by the High Court that the Farm Debt Mediation Act applied. The lender argued that the Farm Debt Mediation Act no longer applied because the borrower had become bankrupt. The borrower argued that the common law doctrine of …

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