McMahon v Permanent Custodians Limited [2014] FCA 1238

McMahon v Permanent Custodians Limited [2014] FCA 1238

The Farm Debt Mediation Act 1994 (NSW) did not apply to prevent the making of sequestration orders as s 5(2)(b) expressly excludes its operation once a bankruptcy petition is presented; the primary judge did not err in declining to postpone or refuse sequestration orders on the basis of unexhausted special leave applications; no discretionary or legal error was demonstrated.

Jurisdiction
Australia
Judgment Date
19 November 2014
Procedural Posture
Appeal / Judgment on Appeal From Decision Refusing to Set Aside Sequestration Order
Outcome
appeal dismissed
Legal Topics
['sequestration Orders' 'application of Farm Debt Mediation Act' 'enforcement Action Under Bankruptcy' 'limits of Discretion in Bankruptcy' 'finality of Judgments']
['bankruptcy' 'farm Debt Mediation'] ['sequestration Orders' 'application of Farm Debt Mediation Act' 'enforcement Action Under Bankruptcy' 'limits of Discretion in Bankruptcy' 'finality of Judgments']

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

Appeal / Judgment on Appeal From Decision Refusing to Set Aside Sequestration Order

Legal Issues

  1. 1 ['Whether the Farm Debt Mediation Act 1994 (NSW) applied to the making of sequestration orders' 'Whether sufficient cause existed to refuse sequestration orders due to ongoing rights of appeal related to a s 11 notice under Farm Debt Mediation Act' "Whether the primary judge's discretion was exercised in error"]

Ratio Decidendi

The Farm Debt Mediation Act 1994 (NSW) did not apply to prevent the making of sequestration orders as s 5(2)(b) expressly excludes its operation once a bankruptcy petition is presented; the primary judge did not err in declining to postpone or refuse sequestration orders on the basis of unexhausted special leave applications; no discretionary or legal error was demonstrated.

Court Disposition

appeal dismissed

Orders

  • ['The appeal be dismissed.' "The respondent's reasonable costs of and incidental to the appeal are to be treated as costs in the appellant's bankruptcy in accordance with s 109(1)(a) of the Bankruptcy Act 1966 (Cth)."]