Roxo v Normandie Farm (Dairy) Pty Limited [2012] NSWSC 765

Supreme Court New South Wales

Medium Neutral Citation: Roxo v Normandie Farm (Dairy) Pty Limited [2012] NSWSC 765 Hearing dates: 4 July 2012 Decision date: 10 July 2012 Before: Adamson J Decision: (1) Set aside the default judgment for possession and the writ of possession. (2) Dismiss the proceedings. (3) Order the plaintiff to pay the defendant's costs of the proceedings on the ordinary basis, including the costs of the notice of motion filed 25 May 2012 and any reserved costs. Catchwords: PRACTICE AND PROCEDURE - application to set aside a default judgment - application to dismiss proceedings - whether proceedings rendered void because of failure to comply with provisions of the Farm Debt Mediation Act - whether a certificate issued under s 11 of the Farm Debt Mediation Act operates retrospectively - whether the defendant was solely or principally engaged in a farming operation - whether the defendant was served with a statement of claim Legislation Cited: - Credit Act 1984 - Farm Debt Mediation Act 1994 - Real Property Act 1900 Cases Cited: - Varga v Commonwealth Bank of Australia [1996] NSWSC 86 - Cherryop Pty Ltd v Commonwealth Bank of Australia [1996] NSWSC 194 Category: Interlocutory applications Parties: Ross Roxo (Plaintiff) Normandie Farm (Dairy) Pty Limited Representation: Counsel: D Scott (Sol) (Plaintiff) P Moloney (Sol) (Defendant) Solicitors: D Scott (Plaintiff) P Moloney (Defendant) File Number(s): 2011/409361