NSW Caselaw
New South Wales Court of Appeal
CITATION: Craigie & Anor v. Champion Mortgage Services Pty. Ltd. [2007] NSWCA 15 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 13 February 2007
JUDGMENT DATE: 13 February 2007
JUDGMENT OF: Hodgson JA at 1; Santow JA at 9; McColl JA at 10
EX TEMPORE JUDGMENT DATE: 13 February 2007
DECISION: Application for leave to appeal dismissed with costs.
CATCHWORDS: REAL PROPERTY - Claim by mortgagee for possession of property used as a fish hatchery for supply of fish to pet shops and aquariums - Whether a farming operation within the Farm Debt Mediation Act.
LEGISLATION CITED: Farm Debt Mediation Act 1994, s.4.
PARTIES: Charles Menzies Craigie & Michael Charles Craigie - claimants Champion Mortgage Services Pty. Ltd. - opponent
FILE NUMBER(S): CA 40611/06
COUNSEL: Mr. D. Allen for claimants Mr. B. Debuse for opponent
SOLICITORS: Hancocks, Ultimo for claimants Champion Legal, Parramatta for opponent
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): CLD 12785/05
LOWER COURT JUDICIAL OFFICER: Johnson J
LOWER COURT DATE OF DECISION: 30 August 2006
LOWER COURT MEDIUM NEUTRAL CITATION: [2006] NSWSC 869
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40611/06 CLD 12785/05
HODGSON JA SANTOW JA McCOLL JA
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