Waller v Hargraves Secured Investments Ltd

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, HEYDON, CRENNAN AND KIEFEL JJROSLYN EDWINA WALLER  APPELLANTANDHARGRAVES SECURED INVESTMENTS LIMITED  RESPONDENTWaller v Hargraves Secured Investments Limited [2012] HCA 429 February 2012S223/2011ORDER1.     Appeal allowed.2.Set aside the order of the Court of Appeal of the Supreme Court of New South Wales dated 11 November 2010 and in its place order that: (a)    the appeal to that Court be allowed with costs; and (b)the orders of the Supreme Court of New South Wales dated 12 November 2009 be set aside and in their place order that:(i)     the proceedings be dismissed; and (ii)    the respondent, Hargraves Secured Investments Limited, pay the costs of the appellant, Roslyn Edwina Waller, in that Court. 3.     The respondent pay the appellant's costs in this Court.On appeal from the Supreme Court of New South WalesRepresentationD J Higgs SC with J B King for the appellant (instructed by Jackson Lalic Lawyers)D M Loewenstein with A R A Kuklik for the respondent (instructed by Hargraves Solicitors)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSWaller v Hargraves Secured Investments LimitedMortgages – Mortgagee's remedies – Farm Debt Mediation Act 1994 (NSW) ("Act") – Creditor must provide notice of intention to take "enforcement action" under "farm mortgage" ("Notice") – Notice must specify availability of mediation regarding farm debts – Creditor unable to take enforcement action until NSW Rural Assistance Authority ("Authority") issues certificate that Act does not apply because satisfactory mediation has occurred – Borrower...