Reavill Farm Pty Limited v AR Mortgages Pty Ltd (No 4) [2020] NSWSC 884

Reavill Farm Pty Limited v AR Mortgages Pty Ltd (No 4) [2020] NSWSC 884

The applicants failed to credibly establish by evidence that they owned the cattle in question; the only substantive evidence supported the defendant's contention that the cattle were part of the plaintiff's secured livestock, and there was no sufficient or credible documentary or objective evidence to support the...

Source-derived case information.

Parties
Plaintiff: Reavill Farm Pty Limited; First Respondent: Tucki Hills Pty Ltd; Fifth Respondent: Matthew Champion; Defendant/cross Claimant: AR Mortgages Pty Limited
Jurisdiction
Australia
Judgment Date
10 July 2020
Procedural Posture
Notice of Motion Applications Within Civil Proceedings / Final Hearing of Motions
Outcome
Applications dismissed; costs awarded to defendant
Legal Topics
Title to Personalty, Animals—cattle, Possession—right to Possession
Personal Property Title to Personalty Animals—cattle Possession—right to Possession

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Summary, issues, holding and outcome

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Parties

Reavill Farm Pty Limited

Plaintiff

Tucki Hills Pty Ltd

First Respondent

Matthew Champion

Fifth Respondent

AR Mortgages Pty Limited

Defendant/cross Claimant

Procedural Posture

Notice of Motion Applications Within Civil Proceedings / Final Hearing of Motions

Legal Issues

  1. 1 Whether Matthew Champion personally owned 15 head of cattle taken by the defendant
  2. 2 Whether Tucki Hills Pty Ltd owned other cattle (up to 120 head) wrongly taken by the defendant

Ratio Decidendi

The applicants failed to credibly establish by evidence that they owned the cattle in question; the only substantive evidence supported the defendant's contention that the cattle were part of the plaintiff's secured livestock, and there was no sufficient or credible documentary or objective evidence to support the applicants' claims.

Court Disposition

Applications dismissed; costs awarded to defendant

Orders

  • The motion filed by Matthew Champion on 14 April 2020 is dismissed.
  • The motion filed by Tucki Hills Pty Ltd on 17 April 2020 is dismissed.