Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Waller v Yamaha Motor Finance Australia Pty Ltd [2012] FCA 934 Citation: Waller v Yamaha Motor Finance Australia Pty Ltd [2012] FCA 934
Appeal from: Yamaha Motor Finance Australia Pty Ltd v Waller [2012] FMCA 665
Parties: ROSLYN EDWINA WALLER v YAMAHA MOTOR FINANCE AUSTRALIA PTY LTD
File number: NSD 1083 of 2012
Judge: PERRAM J
Date of judgment: 27 August 2012
Catchwords: BANKRUPTCY – Creditor's petition – appeal from decision of Federal Magistrates Court to make sequestration order – whether Farm Debt Mediation Act 1994 (NSW) applied to the debt – whether a quad bike is a 'tractor' or 'other implement' – whether debt had been paid
Legislation: Evidence Act 1995 (Cth) s 144 Farm Debt Mediation Act 1994 (NSW) ss 4, 30
Cases cited: Lightning Ridge Local Aboriginal Land Council v Premier of New South Wales in his capacity as the State Minister pursuant to the Native Title Act 1993 (Cth) [2012] FCA 792 cited
Date of hearing: 27 August 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 19
Counsel for the Appellant: The Appellant appeared in person
Solicitor for the Respondent: T Xenos of Bayside Solicitors
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1083 of 2012
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: ROSLYN EDWINA WALLER
Appellant
AND: YAMAHA MOTOR FINANCE AUSTRALIA PTY LTD
Respondent
JUDGE: PERRAM J DATE OF ORDER: 27 AUGUST 2012 WHERE MADE: SYDNEY
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