Farm Debts Mediation Act

  • In the matter of Sundara [2015] NSWSC 1694

    13 November 2015
    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...
  • NAB v Kamboj [2014] NSWSC 865

    26 June 2014
    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...
  • Browning v ANZ [2014] QCA 43

    10 March 2014
    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...
  • Sharpe v Hargraves Secured Investments [2013] NSWCA 288

    22 October 2013
    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...
  • McMahon v Permanent Custodians [2013] NSWCA 275

    27 August 2013
    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...
  • Sharpe v W H Bailey [2013] NSWSC 913

    02 July 2013
    The lender and borrower had settled a case about a debt, and the terms of settlement contained a clause whereby the lender was granted a second mortgage on the borrower’s property. The borrower...
  • McMahon v Permanent Custodians [2013] NSWCA 201

    28 June 2013
    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...
  • Permanent Custodians v McMahon [2013] NSWSC 769

    28 June 2013
    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...
  • Sharpe v Heywood [2013] NSWCA 192

    19 June 2013
    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...
  • Hargraves Secured Investments v Slaven [2013] NSWSC 673

    30 May 2013
    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...


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