Hargraves Secured Investments Ltd v Ryan [2007] NSWSC 404

New South Wales Supreme Court

CITATION : Hargraves Secured Investments Ltd v Ryan [2007] NSWSC 404 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 19 March 2007

JUDGMENT DATE : 27 April 2007

JUDGMENT OF : Price J at 1

DECISION : 1. Verdict and judgment for the plaintiff against the first, second, third and fourth defendants jointly and severally in the sum of $842,082.39. 2. Verdict and judgment for the plaintiff (cross-defendant) against the first, second, third and fourth defendants (cross-claimants) on the cross-claim. 3. That the first defendant and the second defendant give the plaintiff possession of the property known as "Ben Lomond" Tullibigeal in the State of New South Wales being the whole of the land comprised in auto-consol 15365-246 and Lot 14 in Deposited Plan 752313 in the Parish of Brotheroney, County of Dowling. 4. That the plaintiff be given leave to issue a writ of possession for the property known as "Ben Lomond" Tullibigeal in the State of New South Wales being the whole of the land comprised in auto-consol 15365-246 and Lot 14 in Deposited Plan 752313 in the Parish of Brotheroney, County of Dowling. 5. That the first, second, third and fourth defendants pay the plaintiff's costs. 6. That the execution of the writ of possession be stayed until 27 June 2007.

CATCHWORDS : Action for possession of a farm - farm mortgage - s 8 notice - mediation - heads of agreement - lenders certificate - s 11(1) certificate - no misleading or deceptive conduct.

Australian Securities and Investments Commission Act 2001 (Cth) s 12DA, Contracts Review Act 1980 s 7, s 7(1) Credit (Home Finance Contract) Act 1984 LEGISLATION CITED : Consumer Credit (New South Wales) Act 1995 Farm Debt Mediation Act 1994 s 3, s 4, s 8, s 9, s 9A, s 10, s 11AA, s 11B, s 11C Real Property Act 1900 s 57(2)(b) Trade Practices Act 1974 (Cth) s 52, s 52(1), s 82