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Farm debt mediation update – recent NSW Supreme Court decision

Kiriwina Investment Company Pty Ltd v Green Lees Developments Pty Limited [2017] NSWSC 1727

A recent decision of the Supreme Court of NSW has, once again, highlighted the importance of lenders carefully assessing whether the Farm Debt Mediation Act 1994 (NSW) (Act) applies before taking steps to enforce a security.

In Kiriwina Investment Company Pty Ltd v Green Lees Developments Pty Limited, a borrower was successful in dismissing proceedings commenced by a lender to recover a debt. The Court found that the borrower was a farmer pursuant to the Act, and that because the lender had not complied with the requirements of the Act, the proceedings were void and should be dismissed.

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