McMahon v Permanent Custodians Ltd [2013] NSWCA 275

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McMahon v Permanent Custodians Ltd [2013] NSWCA 275 Hearing dates: 8 August 2013 Decision date: 28 August 2013 Before: Meagher JA at [1]; Barrett JA at [2]; Ward JA at [3] Decision: Summons seeking leave to appeal dismissed with costs. [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: STATUTES - acts of parliament - interpretation - whether "default under the farm mortgage" in s 11(1)(a) of the Farm Debt Mediation Act 1994 (NSW) is to be construed as meaning "default under the farm mortgage as affected by any agreement reached at a mediation pursuant to the Act" Legislation Cited: Farm Debt Mediation Act 1994 Real Property Act 1900 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Workplace Relations Act 1996 (Cth) Cases Cited: James Hardie & Co Pty Ltd v Seltsam (1998) 196 CLR 5 Kavalee v Burbidge (1998) 43 NSWLR 422 Minister of Employment and Workplace Relations v Cribbles Radiology Pty Ltd [2005] HCA 9; (2005) 222 CLR 194 Myross (NSW) Pty Ltd v Kahlefeldt Securities Pty Ltd [2003] NSWSC 138 Permanent Custodians Ltd v McMahon [2013] NSWSC 769 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Rail Corporation of New South Wales v Brown [2012] NSWCA 296, (2012) 82 NSWLR 318 Sharpe v Heywood [2013] NSWCA 192 Thompson v Goold & Co [1910] AC 409 Waller v Hargraves Secured Investments Ltd [2012] HCA 4; (2012) 245 CLR 311 Texts Cited: F Bennion, Statutory Interpretation 3rd Ed (1997) Category: Principal judgment Parties: John Terence Michael McMahon (First Applicant) Robyn Sandra McMahon (Second Applicant) Permanent Custodians Ltd (Respondent) Representation: Counsel: G Boskovitz (Solicitor) (Applicants) R A Dick SC with D J Barnett (Respondent) Solicitors: Boskovitz & Associates (Applicants) Gillis Delaney Lawyers (Respondent) File Number(s): CA 13/197359 Decision under appeal Jurisdiction: 9111 Citation: Permanent Custodians Ltd v McMahon [2013] NSWSC 769 Date of Decision: 2013-06-28 00:00:00 Before: Davies J File Number(s): SC 11/400305