McMahon v Permanent Custodians Ltd [2013] NSWCA 201

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McMahon v Permanent Custodians Ltd [2013] NSWCA 201 Hearing dates: 28 June 2013 Decision date: 28 June 2013 Before: Basten JA Decision: (1) Permanent Custodians Ltd by itself, its servants and agents, be restrained from auctioning, selling, alienating, leasing or otherwise disposing of the property known as "Wyrallah" 498 Coraki Road, South Gundurimba via Lismore NSW 2480 until 5pm on Tuesday 2 July 2013; (2) Permanent Custodians Ltd by itself, its servants and agents, be restrained from auctioning, selling, alienating, leasing or otherwise disposing of the property known as "Summerdowns" Reynolds Road, Casino 2471 until 5pm on Tuesday 2 July 2013; (3) Direct that these orders be taken out as soon as convenient and served upon Permanent Custodians Ltd and that in any event a form of order be served by email this evening; (4) Reserve liberty to the parties to apply at any time, (5) Direct that the matter be listed before me at a time to be fixed with my associate on Tuesday 2 July, at which time, convenient to the legal representatives of both parties, I will consider the motion further. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - interlocutory issues - injunctions - ex parte - whether applicants should receive interim injunctive relief to prevent respondent from disposing of properties owned by applicants - where applicants defaulted on loans in respect of properties - defaults subject to Farm Debt Mediation Act 1994 (NSW) - primary judge found that valid certificate issued allowing respondent to proceed with enforcement action - applicants filed summons seeking leave to challenge decision Legislation Cited: Farm Debt Mediation Act 1994 (NSW), ss 10, 11 Category: Procedural and other rulings Parties: John Terence Michael McMahon (First Applicant) Robyn Sandra McMahon (Second Applicant) Permanent Custodians Limited (Respondent) Representation: Counsel: