Gooley v NSW Rural Assistance Authority (No 2) [2017] NSWSC 1336

Supreme Court New South Wales

Medium Neutral Citation: Gooley v NSW Rural Assistance Authority (No 2) [2017] NSWSC 1336 Hearing dates: 12 September 2017 Date of orders: 03 October 2017 Decision date: 03 October 2017 Jurisdiction: Common Law Before: Walton J Decision: (1) The notice of motion filed on 2 August 2017 by the plaintiffs is dismissed.

(2) The plaintiffs shall pay the costs of the second defendant with respect to that application as agreed or as assessed. Catchwords: PRACTICE AND PROCEDURE – stay application – power to grant stay in respect to enforcement actions in the District Court – Farm Debt Mediation Act application – must demonstrate proper case or reason – arguability of appeal – application of Waller v Hargraves – balance of convenience – competing rights of the parties – application for stay refused Legislation Cited: Civil Procedure Act 2005 (NSW) Farm Debt Mediation Act 1994 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 Andrews v John Fairfax & Sons Ltd [1979] 2 NSWLR 184 Chen v Lym International; Chen v Marcolongo [2009] NSWCA 121 Gooley v NSW Rural Assistance Authority [2017] NSWSC 835 Heywood v Sharpe (No 2) [2015] FCCA 355 Kitchen Xchange v Formacon Building Services [2014] NSWSC 1602 Secretary of the Treasury v Public Service Association & Professional Officers' Association Amalgamated Union of New South Wales [2014] NSWCA 14 TCN Channel 9 Pty Ltd v Antoniadis (No 2) (1999) 48 NSWLR 381 Tringali v Stewardson Stubbs & Collett Pty Ltd [1966] 1 NSWR 354 Waller v Hargraves Secured Investments Ltd (2012) 245 CLR 311; [2012] HCA 4 Woolworths Ltd v Strong (No 2) (2011) 80 NSWLR 445 Category: Principal judgment Parties: Paul Gooley (First Plainitff) Susan Gooley (Second Plaintiff) NSW Rural Assistance Authority (First Defendant) George and Fuhrmann (Holdings) Pty Ltd (Second Defendant) Representation: Counsel: A Chen (Plaintiffs) M Gunning (Second Defendant)