Hurworth Nominees Pty Limited v ANZ Banking Group Limited [2006] NSWSC 1278

Hurworth Nominees Pty Limited v ANZ Banking Group Limited [2006] NSWSC 1278

Plaintiffs may bring proceedings for rectification of the Deed, as s 7(1) of the Farm Debt Mediation Act 1994 ensures the Act does not prevent equitable relief, and alternatively, s 16(e) provides a lawful excuse for disclosure of mediation information in such suits, so s 15 does not prohibit admissibility of evidence needed for rectification.

Parties
1st Plaintiff: Hurworth Nominees Pty Limited; 2nd Plaintiff: Agtion Consultancy Services Pty Limited; 3rd Plaintiff: Hiform Feeds Pty Limited; 1st Defendant: ANZ Banking Group Limited; 2nd Defendant: John Edward Star
Jurisdiction
Australia
Judgment Date
07 December 2006
Procedural Posture
Equity Proceeding / Application for Leave to Bring Proceedings for Rectification
Outcome
Plaintiffs permitted to bring proceedings for rectification of Deed.
Legal Topics
Rectification, Farm Debt Mediation, Confidentiality of Mediation, Statutory Interpretation, Equitable Remedies
Equity Commercial Law Rectification Farm Debt Mediation Confidentiality of Mediation Statutory Interpretation Equitable Remedies

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Parties

Hurworth Nominees Pty Limited

1st Plaintiff

Agtion Consultancy Services Pty Limited

2nd Plaintiff

Hiform Feeds Pty Limited

3rd Plaintiff

ANZ Banking Group Limited

1st Defendant

John Edward Star

2nd Defendant

Procedural Posture

Equity Proceeding / Application for Leave to Bring Proceedings for Rectification

Legal Issues

  1. 1 Whether plaintiffs can bring proceedings for rectification of a Deed entered after Farm Debt Mediation
  2. 2 Whether evidence from mediation sessions is inadmissible under s 15 of the Farm Debt Mediation Act 1994
  3. 3 Interpretation of 'lawful excuse' in s 16(e) of the Act

Ratio Decidendi

Plaintiffs may bring proceedings for rectification of the Deed, as s 7(1) of the Farm Debt Mediation Act 1994 ensures the Act does not prevent equitable relief, and alternatively, s 16(e) provides a lawful excuse for disclosure of mediation information in such suits, so s 15 does not prohibit admissibility of evidence needed for rectification.

Court Disposition

Plaintiffs permitted to bring proceedings for rectification of Deed.

Orders

  • Leave granted to plaintiffs to bring rectification proceedings concerning the Deed entered following Farm Debt Mediation.