NSW Caselaw
New South Wales Supreme Court
CITATION : Constantinidis v Equititrust Ltd [2010] NSWSC 299
HEARING DATE(S) : 15/04/10
JUDGMENT DATE : 20 April 2010
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Proceedings dismissed with costs
CATCHWORDS : CORPORATIONS - receivers controllers and managers - validity of appointment of receiver - application for declaration of invalidity - MORTGAGES - mortgages and charges generally - receivers - whether appointment of receiver by mortgagee valid - PRIMARY INDUSTRY - generally - farm debt mediation - Farm Debt Mediation Act 1994 - whether debt by borrowing to acquire land "incurred ... for the purposes of the conduct of a farming operation" - where borrower and lender enter into collateral agreement proving for resale of land with a view to profit
LEGISLATION CITED : Corporations Act 2001 (Cth), s 418A(2) Farm Debt Mediation Act 1994, ss 5(2)(c), 6, 8(1)
CATEGORY : Principal judgment
Australian Cherry Exports Ltd v Commonwealth Bank of Australia (1996) 39 NSWLR 337 CASES CITED : Mayfair Trading Co Pty Ltd v Dreyer (1958) 101 CLR 428 McClelland v Federal Commissioner of Taxation (1970) 120 CLR 487 Varga v Commonwealth Bank of Australia (1996) 7 BPR 15,052
Achilles Constantinidis - First Plaintiff Checkling Pty Ltd - Second Plaintiff PARTIES : Windsor Turf Pty Ltd - Third Plaintiff Gonfanon Pty Ltd - Fourth Plaintiff Equititrust Limited - First Defendant David Clout - Second Defendant
FILE NUMBER(S) : SC 2010/00076669
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