Rural Bank Limited v Merriba Pty Limited & Ors [2012] NSWSC 498

Supreme Court New South Wales

Medium Neutral Citation: Rural Bank Limited v Merriba Pty Limited & Ors [2012] NSWSC 498 Hearing dates: 4 May 2012 Decision date: 04 May 2012 Jurisdiction: Equity Division - Commercial List Before: White J Decision: Refer to para [37] of judgment Catchwords: PRACTICE AND PROCEDURE - application for summary judgment - recovery of outstanding debt - no arguable defence raised by second defendant

PRACTICE AND PROCEDURE - application to strike out various parts of Amended Commercial List Response - pleading of first defendant inadequate

STATUTORY INTERPRETATION - Farm Debt Mediation Act 1994, s11 - application of Act to mortgages - "satisfactory mediation" - not limited to mediation in regards to farm debts alone - validity of certificate not affected by mediation in respect of both farm debts and other debts Legislation Cited: Agricultural Tenancies Act 1990 Farm Debt Mediation Act 1994 Cases Cited: State Government Insurance Office (Qld) v Rees (1979) 144 CLR 549 Trustees Executors and Agency Co Ltd v Reilly [1941] VLR 110 Barnes v Addy (1874) LR 9 Ch App 244 Farah Constructions Pty Limited v Say-Dee Pty Limited [2007] HCA 22; (2007) 230 CLR 89 Waller v Hargraves Secured Investments Ltd [2012] HCA 4; 285 ALR 41 Category: Interlocutory applications Parties: Rural Bank Limited (Plaintiff) Merriba Pty Limited (1st Defendant) Hamish Tristram Alexander Holcombe (2nd Defendant) Nicholas Walter Alexander Holcombe (3rd Defendant) Representation: Counsel: J Sexton SC with S B Loughnan (Plaintiff) D K L Raphael (1st & 2nd Defendants) Solicitors: Hennessy & Co (Plaintiff) Cole & Butler (Defendants) File Number(s): 2011/377456