The Court granted possession of mortgaged farm property to the lender, rejecting three defences: that the defendant was denied Farm Debt Mediation Act mediation (an exemption certificate was in force following a satisfactory mediation), that no s 57(2)(b) Real Property Act notice had been served (the Court found two notices were served, and in any event s 57 only prevents sale, not possession), and that the quantum of the debt was disputed (the defendant conceded a substantial sum exceeding $100,000 was owing, which was sufficient to support a possession order regardless of the precise amount). The Court confirmed, following Charub Pty Ltd v Triandafyllou, that s 57 of the Real Property Act does not prevent a mortgagee from obtaining possession or taking steps preliminary to sale.
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