Secure Funding Pty Ltd v Bee [2016] NSWSC 521

Supreme Court New South Wales

Medium Neutral Citation: Secure Funding Pty Ltd v Bee [2016] NSWSC 521 Hearing dates: 6 April 2016 Date of orders: 06 April 2016 Decision date: 28 April 2016 Jurisdiction: Common Law Before: Wilson J Decision: 1. Leave to file an Amended Statement of Claim is granted. 2. The Amended Statement of Claim is dismissed. 3. Order 3 of 6 April 2016, for costs in favour of the defendant, is confirmed. Such costs are payable on an ordinary basis. Catchwords: REAL PROPERTY - Farm Debt Mediation Act 1994 – whether debt was a farm debt incurred by a farmer for the purpose of a farming operation – whether enforcement action void - absence of evidence – the rule in Browne and Dunn

COSTS – indemnity costs – liability of legal practitioner for unnecessary costs - costs awarded on an ordinary basis Legislation Cited: Civil Procedure Act 2005 (NSW) Farm Debt Mediation Act 1994 (NSW) Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Browne v Dunn (1894) 6 R 67 Bulstode v Trimble [1970] VR 840 Commonwealth Bank of Australia v Bird [2011] NSWSC 586 Constantinidis v Equititrust Ltd [2010] NSWSC 299 Jones v Dunkel (1959) 101 CLR 298 Category: Principal judgment Parties: Secure Funding Pty Ltd (Plaintiff) Anthony Joseph Bee (Defendant) Representation: Ms F Ashworth (Plaintiff) Mr J A Darvall (Defendant) File Number(s): 2015/00208447