Craigie & Anor v. Champion Mortgage Services Pty. Ltd. [2007] NSWCA 15

Craigie & Anor v. Champion Mortgage Services Pty. Ltd. [2007] NSWCA 15

A commercial fish hatchery supplying fish to pet shops and aquariums does not fall within the meaning of 'farming operation' under the Farm Debt Mediation Act 1994, as the Act is confined to traditional agricultural pursuits unless the regulations provide otherwise.

Parties
Claimant: Charles Menzies Craigie; Claimant: Michael Charles Craigie; Opponent: Champion Mortgage Services Pty. Ltd.
Jurisdiction
Australia
Judgment Date
13 February 2007
Procedural Posture
Application for Leave to Appeal / Court of Appeal Determination of Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Farm Debt Mediation, Definition of 'farm' and 'farming Operation', Mortgagee Possession
Real Property Farm Debt Mediation Definition of 'farm' and 'farming Operation' Mortgagee Possession

Case Brief

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Parties

Charles Menzies Craigie

Claimant

Michael Charles Craigie

Claimant

Champion Mortgage Services Pty. Ltd.

Opponent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Determination of Leave to Appeal

Legal Issues

  1. 1 Whether use of property as a commercial fish hatchery qualifies as a 'farming operation' within the meaning of the Farm Debt Mediation Act 1994

Ratio Decidendi

A commercial fish hatchery supplying fish to pet shops and aquariums does not fall within the meaning of 'farming operation' under the Farm Debt Mediation Act 1994, as the Act is confined to traditional agricultural pursuits unless the regulations provide otherwise.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.