Kiriwina Investment Company Pty Ltd v Green Lees Developments Pty Ltd

Kiriwina Investment Company Pty Ltd (the appellant) appealed to the Court of Appeal of New South Wales against a decision of Harrison AsJ which had dismissed its claim for recovery of a debt against Green Lees Developments Pty Ltd (the respondent). The dispute concerned whether the respondent was a "farmer" for the purposes of the *Farm Debt Mediation Act 1994* (NSW), which would have required the appellant to engage in mediation before commencing recovery proceedings.

The primary legal issues before the Court of Appeal were whether the respondent conducted a "farming operation" as defined by the Act, and whether the respondent satisfied the definition of a "farmer" under the Act. This involved determining whether the breeding of snakes and rodents constituted a "farming operation" and whether any alleged "share-farming agreement" met the statutory requirements.

The Court of Appeal found that the breeding of snakes and rodents did not constitute a "farming operation" within the ordinary meaning of that term or as contemplated by the *Farm Debt Mediation Act 1994* (NSW). The Court reasoned that the Act was intended to apply to traditional agricultural pursuits and that the respondent's activities fell outside this scope. Consequently, the respondent did not satisfy the definition of a "farmer" under the Act.

The appeal was allowed, the orders of the primary judge were set aside, and judgment was entered for the appellant in the sum of $1,485,793.77, with the respondents ordered to pay the appellant's costs of the appeal and the proceedings below.