Bendigo & Adelaide Bank Ltd v McMahon [2013] NSWSC 628

Bendigo & Adelaide Bank Ltd v McMahon [2013] NSWSC 628

There is a prima facie case that the applicant is currently principally engaged in a farming operation and that the property is part of a farm under the Act's definitions; thus, a stay of enforcement pending further determination or compliance with the Act is appropriate.

Jurisdiction
Australia
Judgment Date
09 May 2013
Procedural Posture
Interlocutory Application / Application to Stay Enforcement of Judgment
Outcome
Stay of enforcement of judgment granted pending compliance with the Act or final determination of the issue.
Legal Topics
['enforcement of Judgments' 'stay of Enforcement' 'farm Debt Mediation Act']
['procedure'] ['enforcement of Judgments' 'stay of Enforcement' 'farm Debt Mediation Act']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Application to Stay Enforcement of Judgment

Legal Issues

  1. 1 ['Whether enforcement of judgment should be stayed under the Farm Debt Mediation Act 1994']

Ratio Decidendi

There is a prima facie case that the applicant is currently principally engaged in a farming operation and that the property is part of a farm under the Act's definitions; thus, a stay of enforcement pending further determination or compliance with the Act is appropriate.

Court Disposition

Stay of enforcement of judgment granted pending compliance with the Act or final determination of the issue.

Orders

  • ['Orders 1, 2 and 3 in the notice of motion filed 6 May 2013 made.' "Defendants to pay plaintiff's costs thrown away by reason of the adjournment." 'Costs otherwise reserved.' 'Proceedings stood over to 16 May 2013 before the registrar.']