John Deere Financial Limited v Redzel Consulting Pty Ltd (mgrs and recs apptd) (in liq) as Trustee for the Redzel Pastoral Company Trust [2026] NSWSC 1321 — Civil Procedure — Barrister AI
John Deere Financial Limited v Redzel Consulting Pty Ltd (mgrs and recs apptd) (in liq) as Trustee for the Redzel Pastoral Company Trust
CIVIL PROCEDURE — leave granted to amend statement of claim to nominate first defendant as being in liquidation and in receivership/under management — no issue of principle
CIVIL PROCEDURE — judgment against the first defendant for delivery up of chattels provided as security for a loan — where first defendant in default — where receivers and managers and the liquidator of the first defendant consent to the orders sought — plaintiff entitled to default judgment either as a common law chattel mortgagee or pursuant to r 16.5 of the Uniform Civil Procedure Rules 2005 (NSW)
Quick Take
1Under the general law, a chattel mortgagee is entitled to possession of the mortgaged chattels on the mortgagor's default; here that right was confirmed by an express contractual term permitting the lender to take possession, sell the property and sue for money owing.
2Alternatively, where a defendant fails to file a defence and the requirements of r 16.5(2) of the Uniform Civil Procedure Rules 2005 (NSW) are satisfied by affidavit, the plaintiff may obtain default judgment for possession of goods under r 16.5(1).
3The court accepted that enforcement of a chattel mortgage against a company in liquidation fell within s 471C of the Corporations Act 2001 (Cth), so leave to proceed under s 471B was not required; leave was nonetheless granted 'to the extent necessary'. The court also accepted, without analysis, that the Farm Debt Mediation Act 1994 (NSW) did not affect the plaintiff's entitlement.
