Sharpe v Hargraves Secured Investments Ltd [2013] NSWCA 288

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sharpe v Hargraves Secured Investments Ltd [2013] NSWCA 288 Hearing dates: 22 and 23 October 2013 Decision date: 23 October 2013 Before: Ward JA at [1] Leeming JA at [73] Decision: 1. Applicant's notice of motion filed 16 October 2013 dismissed with costs. 2. Summons for 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: PROCEDURE - application for referral for pro bono -assistance

STATUTES - acts of parliament - interpretation - Farm Debt Mediation Act - where deed of settlement regarding a farm mortgage entered into following mediation of dispute - whether a new farm mortgage came into existence by virtue of that deed - whether Act applies where a creditor's petition has been lodged pursuant to the Bankruptcy Act Legislation Cited: Farm Debt Mediation Act 1994 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Cases Cited: Dafaalla v Concord Repatriation General Hospital [2007] NSWSC 602 Hargraves Secured Investments Limited v Sharpe [2013] NSWSC 177 Hargraves Secured Investments Ltd v Sharpe [2013] NSWSC 539 Hargraves Secured Investments Limited v Sharpe [2013] NSWSC 1094 Hargraves Secured Investments Limited v Sharpe [2013] NSWSC 1151 Hargraves Secured Investments Ltd v Sharpe [2012] NSWSC 1519 Hetherington-Gregory v Ali Vehicle Services (No 2) [2012] NSWCA 257 M v Director General, Department of Family and Community Services [2013] NSWCA 118 Myross (NSW) Pty Limited v Kahlefeldt Securities Pty Limited, [2003] NSWSC 138 National Australia Bank Limited v Landy Chen-Conway & Anor [2008] NSWSC 448 Phu v New South Wales Department of Education and Training [2011] NSWCA 119 Re F [2013] NSWCA 239 Roxo v Normandie Farm (Dairy) Pty Limited [2012] NSWSC 765 Sharpe v Heywood [2013] NSWSCA 192 Sharpe v WH Bailey & Sons Pty Ltd [2013] NSWSC 913 Waller v Hargraves Secured Investments Ltd [2012] HCA 4; (2012) 245 CLR 311 Category: Principal judgment Parties: David George Sharpe (Applicant) Hargraves Secured Investments Ltd (Respondent) Representation: Solicitors: Applicant self represented Mr R Mulquiney (Hargraves Solicitors) (Respondent) File Number(s): CA 2013/174476 Decision under appeal Jurisdiction: 9111 Citation: Hargraves Secured Investments Ltd v Sharpe [2013] NSWSC 539 Date of Decision: 2013-05-13 00:00:00 Before: Harrison J File Number(s): SC 2012/041764