Permanent Custodians Limited v McMahon [2013] NSWSC 296

Supreme Court New South Wales

Medium Neutral Citation: Permanent Custodians Limited v McMahon [2013] NSWSC 296 Hearing dates: 27 March 2013 Decision date: 27 March 2013 Jurisdiction: Common Law Before: Button J Decision: (1) The plaintiff by itself, its servants and agents be restrained from auctioning, selling, alienating, leasing or otherwise disposing of properties known as: (a) "Wyrallah" 498 Coraki Road Gundurimba via Lismore NSW 2480 until further order. (b) "Summerdowns" Reynolds Road Casino, NSW 2471 until further order. (2) The defendants give the plaintiff the usual undertaking as to damages. (3) The defendants to serve the evidence upon which they rely by 9 April 2013. (4) Stood over before the Registrar to 10 April 2013. (5) Costs reserved. Catchwords: PRACTICE AND PROCEDURE - application for interlocutory injunction - previous default resolved by mediation -mortgagee auction - whether need for new mediation pursuant to Farm Debt Mediation Act 1994 - a real question to be determined - interlocutory injunction granted Legislation Cited: Farm Debt Mediation Act 1994 Cases Cited: Hargraves Secured Investments Limited v Sharpe [2013] NSWSC 177 Waller v Hargraves Secured Investments Ltd [2012] HCA 4; (2012) 245 CLR 311 Category: Interlocutory applications Parties: Permanent Custodians Ltd (P/respondent) John Terence Michael McMahon (D1/applicant) Robyn Sandra McMahon (D2/applicant) Representation: Counsel: D S Weinberger (P/respondent) G Boskovitz (D1-2/applicant) Solicitors: Gillis Delaney Lawyers (P/respondent) Boskovitz & Associates (D1-2/respondent) File Number(s): 2011/400305