Southern Cross Credit Union Ltd v Reavill Farm Pty Ltd [2018] NSWSC 999

Supreme Court New South Wales

Medium Neutral Citation: Southern Cross Credit Union Ltd v Reavill Farm Pty Ltd [2018] NSWSC 999 Hearing dates: 13 December 2017; 18 December 2017 (written submissions) Date of orders: 28 June 2018 Decision date: 28 June 2018 Jurisdiction: Common Law Before: Walton J Decision: The Court makes the following directions:

(1) The plaintiff is to file and serve further written submissions together with draft orders reflecting this judgment within 7 days of its publication.

(2) The defendant is to file and serve any written submissions in reply as to the relief claimed and orders proposed within 7 days of receipt of the material in (1).

(3) Subject to further submissions, the defendant shall pay the costs of the plaintiff of these proceedings as agreed or, in the absence of agreement, as assessed. Catchwords: POSSESSION – application for judgment for possession of land – whether proceedings governed by Farm Debt Mediation Act 1994 – definition of "farmer" and "farm debt" under s 4 – whether the defendant was principally engaged in farming operations – defendant involved in farming and non-farming operations – qualitative not quantitative assessment – whether the debt was a farm debt – whether the debt was incurred by a farmer for the purposes of the conduct of a farming operation that is secured wholly or partly by a farm mortgage – evidentiary burden – onus upon the defendant – burden not discharged – not a farmer for the purposes of the Farm Debt Mediation Act – directions Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Farm Debt Mediation Act 1994 (NSW) Real Property Act 1900 (NSW) Residential Tenancies Act 2010 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Cherry Exports Ltd v Commonwealth Bank of Australia (1996) 39 NSWLR 337 Bendigo & Adelaide Bank Ltd v McMahon [2013] NSWSC 629 Commonwealth Bank of Australia v Bird [2011] NSWSC 586 Constantinidis v Equititrust Ltd [2010] NSWSC 299 Lawloan Mortgages Pty Ltd v Hancock [2001] NSWSC 607 Secure Funding Pty Ltd v Bee [2016] NSWSC 521 Varga v Commonwealth Bank of Australia (1996) 7 BPR 97,617Waller v Hargraves Secured Investments Ltd (2012) 245 CLR 311; [2012] HCA 4 Category: Principal judgment Parties: Southern Cross Credit Union Ltd (Plaintiff) Reavill Farm Pty Ltd (Defendant) Representation: Counsel: J R B Pearson (Plaintiff)