Reavill Farm v AR Mortgages Pty Limited [2019] NSWSC 1194

Reavill Farm v AR Mortgages Pty Limited [2019] NSWSC 1194

Given the respondent's unexplained and significant reduction in livestock against prior court orders and the lack of sufficient explanation or evidence of compliance, restraining orders are appropriate to preserve the asset pending resolution.

Parties
Plaintiff/respondent: Reavill Farm Pty Limited; Defendant/applicant: AR Mortgages Pty Limited
Jurisdiction
Australia
Judgment Date
22 August 2019
Procedural Posture
Civil Procedure Interlocutory Application / Interlocutory Ruling on Restraining Order and Costs
Outcome
Cross-defendant restrained by interlocutory order; costs awarded to cross-claimant; leave granted to file amended summons; matter referred to Registrar.
Legal Topics
Interlocutory Relief, Restraining Orders, Business Operations Involving Livestock
Civil Procedure Interlocutory Relief Restraining Orders Business Operations Involving Livestock

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Parties

Reavill Farm Pty Limited

Plaintiff/respondent

AR Mortgages Pty Limited

Defendant/applicant

Procedural Posture

Civil Procedure Interlocutory Application / Interlocutory Ruling on Restraining Order and Costs

Legal Issues

  1. 1 Whether a restraining order should be made preventing the respondent from selling livestock
  2. 2 Whether unexplained reduction in livestock breaches previous court orders
  3. 3 Whether the respondent has maintained loan interest payments as required

Ratio Decidendi

Given the respondent's unexplained and significant reduction in livestock against prior court orders and the lack of sufficient explanation or evidence of compliance, restraining orders are appropriate to preserve the asset pending resolution.

Court Disposition

Cross-defendant restrained by interlocutory order; costs awarded to cross-claimant; leave granted to file amended summons; matter referred to Registrar.

Orders

  • The cross-defendant be restrained until further order of the Court from selling all livestock associated with Property Identification Code NJ534510, all livestock in Schedule B to the cross-summons filed by AR Mortgages on 18 April 2019 and all present and future livestock owned by the cross-defendant.
  • The cross-defendant to pay the cross-claimant's costs of today and of Friday 16 August.