NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kiriwina Investment Company Pty Ltd v Green Lees Developments Pty Ltd [2018] NSWCA 210 Hearing dates: 8 August 2018 Decision date: 25 September 2018 Before: Gleeson JA at [1]; White JA at [2]; Sackville AJA at [79] Decision: 1. Appeal allowed.
2. Set aside the orders of Harrison AsJ of 13 December 2017.
3. In lieu thereof:
(a) give judgment for the appellant in the sum of $1,485,793.77, such judgment to take effect on 25 September 2018.
(b) order that the respondents pay the appellant's costs of the appeal and of the proceedings below. Catchwords: MORTGAGE AND SECURITIES – proceedings for recovery of a debt by mortgagee and creditor – Farm Debt Mediation Act 1994 (NSW) – whether mortgagor satisfied definition of "farmer" – whether "farming operation" was conducted by mortgagor – whether definition of "share-farming agreement" satisfied and existence of which available on evidence – whether breeding snakes and rodents was a "farming operation" – appeal allowed
WORDS AND PHRASES – "farming operation" – "share-farming agreement" – "farmer" – Farm Debt Mediation Act 1994 (NSW) Legislation Cited: Agricultural Holdings Act 1941 (NSW), s 5 Civil Procedure Act 2005 (NSW), s 100 Farm Debt Mediation Act 1994 (NSW), ss 4, 5, 6, 8 Local Government Act 1919 (NSW), s 118 Real Property Act 1900 (NSW), s 57 Security Interests in Goods Act 2005 (NSW), s 3 Wheat Quotas Act 1969 (NSW), s 3 Cases Cited: Cabell v Markham (1945) 148 F 2d 737 Champion Mortgage Services Pty Ltd v Craigie [2006] NSWSC 869 Constantinidis v Equititrust Ltd [2010] NSWSC 299; (2010) 14 BPR 27,217 Craigie v Champion Mortgage Services Pty Ltd [2007] NSWCA 15 Hope v Bathurst City Council (1980) 144 CLR 1 Kiriwina Investment Company Pty Ltd v Green Lees Developments Pty Limited [2017] NSWSC 1727 Salienta v Clancy [1999] NSWSC 916 South Western Sydney Local Health District v Gould [2018] NSWCA 69 Taylor v The Owners - Strata Plan No 11564 (2014) 253 CLR 531; [2014] HCA 9 Category: Principal judgment Parties: Kiriwina Investment Company Pty Ltd (Appellant) Green Lees Developments Pty Limited (First Respondent) Warwick Denshire (Second Respondent) Representation: Counsel: G M McGrath (Appellant) I Pike SC with J Dooley (Respondents
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