Sharpe v Hargraves Secured Investments Ltd

In *Sharpe v Hargraves Secured Investments Ltd*, the applicant sought a referral for pro bono assistance. The dispute concerned the interpretation and application of the *Farm Debt Mediation Act* (NSW) in circumstances where a deed of settlement regarding a farm mortgage was entered into following mediation. The applicant contended that this deed created a new farm mortgage and that the Act applied even though a creditor's petition had been lodged under the *Bankruptcy Act* 1966 (Cth). The matter came before Ward and Leeming JJA of the Court of Appeal of New South Wales.

The primary legal issues before the Court were whether the deed of settlement constituted a "new farm mortgage" for the purposes of the *Farm Debt Mediation Act*, and whether the Act's provisions could be invoked after a creditor's petition had been filed under the *Bankruptcy Act*. The applicant sought to argue that the mediation process and subsequent deed had the effect of reviving or creating a new mortgage, thereby bringing the matter within the scope of the Act.

The Court dismissed the applicant's application, finding that the deed of settlement did not create a new farm mortgage as contemplated by the *Farm Debt Mediation Act*. Furthermore, the Court held that the Act did not apply in circumstances where a creditor's petition had already been lodged under the *Bankruptcy Act*. The reasoning focused on the specific wording of the legislation and the established principles of statutory interpretation, concluding that the applicant's arguments did not align with the legislative intent or the factual matrix.

Consequently, the applicant's notice of motion filed on 16 October 2013 was dismissed with costs. The summons for leave to appeal was also dismissed with costs.