McMahon v Permanent Custodians Ltd

[2013] NSWCA 275

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Statutes
2. › Acts of Parliament
3. › Interpretation
4. › Beneficial legislation
5. › Whether beneficial character requires expanded construction where no ambiguity exists
6. › Whether words should be read into statute to give effect to perceived legislative purpose
7. › Farm Debt Mediation Act 1994 (NSW), s 11(1)(a)
1. Statutes
2. › Acts of Parliament
3. › Interpretation
4. › Defined terms
5. › Whether 'default under the farm mortgage' extends beyond statutory definition to encompass default under mediation agreement
6. › Farm Debt Mediation Act 1994 (NSW), ss 4(1), 11(1)(a)
1. Practice and Procedure
2. › Leave to appeal
3. › Interlocutory judgment
4. › Whether decision attended with sufficient doubt to warrant reconsideration
5. › Supreme Court Act 1970 (NSW), s 101(2)(e)

Quick Take

'Default under the farm mortgage' in s 11(1)(a) of the Farm Debt Mediation Act 1994 (NSW) bears its plain statutory meaning and does not extend to default under any agreement reached at mediation. A creditor may apply for and obtain a s 11 certificate while a mediation agreement is still on foot, provided the farmer remains in default under the farm mortgage itself, because obtaining a certificate is not enforcement action under the Act.