› where Bank seeks possession of three rural properties
› breach of agreement entered after mediation under Farm Debt Mediation Act 1994 (NSW)
› exemption certificate issued under Farm Debt Mediation Act in force under ss 13 and 14
› where summary judgment, leave to issue writs of possession, summary dismissal of cross-claim and other orders are sought by Bank
› orders made
Civil Procedure
› Cross-claim
› against Bank and “associated parties to the contract”
› where claims include that the statement of claim is a “security” and a “set off” of the face value of the security and that refusal of Bank’s claims is supported by the Income Tax Assessment Act 1936 (Cth)
› whether cross-claim should be summarily dismissed
Civil Procedure
› Notices of motion
› where defendant seeks orders setting aside originating process and seeks protection of property from seizure
› where defendant puts in issue Court’s jurisdiction to make orders
› Court has appropriate jurisdiction
› where defendant also seeks orders allowing withdrawal of defence and cross-claim
Case Details
Citation[2023] NSWSC 1018
CourtNSWSC
JurisdictionNew South Wales
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