Gooley v NSW Rural Assistance Authority [2017] NSWSC 835

Supreme Court New South Wales

Medium Neutral Citation: Gooley v NSW Rural Assistance Authority [2017] NSWSC 835 Hearing dates: 24 March 2017 Decision date: 23 June 2017 Jurisdiction: Common Law Before: Button J Decision: (1) The summons of 20 December 2016 is dismissed. (2) The plaintiffs, Mr Paul Gooley and Mrs Susan Gooley, must pay the costs of the defendant, George & Fuhrmann (Holdings) Pty Ltd, of the proceedings before me. Catchwords: ADMINISTRATIVE LAW – summons seeking judicial review – certificate issued pursuant to Farm Debt Mediation Act 1994 (NSW) – deed of settlement and release – judgment entered in District Court of New South Wales – whether enforcement by way of a garnishee order contravened the Act – whether certificate invalid – summons dismissed Legislation Cited: Farm Debt Mediation Act 1994 (NSW), ss 3, 4, 6, 8, 9, 10, 11, 11(1) Uniform Civil Procedure Rules 2005 (NSW), rr 36.7, 39.34 Cases Cited: Bratic v Motor Accidents Authority of New South Wales [2010] NSWSC 1244 Heywood v Sharpe (No 2) [2015] FCCA 355 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82; [2000] HCA 57 Waller v Hargraves Secured Investments Ltd (2012) 245 CLR 311; [2012] HCA 4 Category: Principal judgment Parties: Paul Gooley (First Plaintiff) Susan Gooley (Second Plaintiff) NSW Rural Assistance Authority (First Defendant) George & Fuhrmann (Holdings) Pty Ltd (Second Defendant) Representation: Counsel: P King with T Davy (Plaintiffs) J Emmett (First Defendant) C Simpson (Second Defendant)