McMahon v Permanent Custodians Ltd [2013] NSWCA 201

McMahon v Permanent Custodians Ltd [2013] NSWCA 201

Because the matter was urgent, attempts to obtain the respondent's attendance or undertakings had been unsuccessful, the applicants gave the usual undertaking as to damages, and any disadvantage to the respondent from being unable to dispose of the rural properties over the weekend was limited, temporary ex parte injunctive relief should be granted only until 5pm on Tuesday 2 July 2013 so the respondent could attend and the motion could be further considered.

Jurisdiction
Australia
Judgment Date
28 June 2013
Procedural Posture
Application for Interlocutory Injunction in Summons Seeking Leave to Appeal / Ex Parte Interim Application
Outcome
Interim ex parte injunctive relief granted until 5pm on Tuesday 2 July 2013, with liberty to apply and the motion to be further considered on that date.
Legal Topics
['interlocutory Injunctions' 'ex Parte Relief' 'farm Debt Mediation Act Certificates' 'mortgage Default' 'enforcement Action']
['civil Procedure' 'farm Debt Mediation' 'mortgage Enforcement'] ['interlocutory Injunctions' 'ex Parte Relief' 'farm Debt Mediation Act Certificates' 'mortgage Default' 'enforcement Action']

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Procedural Posture

Application for Interlocutory Injunction in Summons Seeking Leave to Appeal / Ex Parte Interim Application

Legal Issues

  1. 1 ['Whether the applicants should receive interim injunctive relief to prevent the respondent from disposing of two rural properties pending further consideration of their motion.' 'Whether there was a sufficient basis to preserve the properties temporarily while the applicants sought leave to challenge the decision that a certificate under the Farm Debt Mediation Act 1994 (NSW) was valid and effective.']

Ratio Decidendi

Because the matter was urgent, attempts to obtain the respondent's attendance or undertakings had been unsuccessful, the applicants gave the usual undertaking as to damages, and any disadvantage to the respondent from being unable to dispose of the rural properties over the weekend was limited, temporary ex parte injunctive relief should be granted only until 5pm on Tuesday 2 July 2013 so the respondent could attend and the motion could be further considered.

Court Disposition

Interim ex parte injunctive relief granted until 5pm on Tuesday 2 July 2013, with liberty to apply and the motion to be further considered on that date.

Orders

  • ['Permanent Custodians Ltd by itself, its servants and agents, be restrained from auctioning, selling, alienating, leasing or otherwise disposing of the property known as "Wyrallah" 498 Coraki Road, South Gundurimba via Lismore NSW 2480 until 5pm on Tuesday 2 July 2013.' 'Permanent Custodians Ltd by itself, its...