Waller v Hargraves Secured Investments Ltd

JurisdictionAustralia Federal only
JudgeFrench CJ,Crennan,Kiefel JJ.,Hayne J.,Heydon J.
Judgment Date29 February 2012
Neutral Citation2012-0229 HCA B,[2012] HCA 4
CourtHigh Court
Docket NumberS223/2011
Date29 February 2012
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19 cases
  • Fuge v Commonwealth Bank of Australia
    • Australia
    • Federal Court
    • 30 September 2019
    ...Group Pty Ltd v Lord [2004] NSWSC 114; (2004) 60 NSWLR 646 Varma v Varma [2010] NSWSC 786 Waller v Hargraves Secured Investments Limited [2012] HCA 4; (2012) 245 CLR 311 Watson v Foxman (1995) 49 NSWLR 315 West v AGC (Advances) Ltd (1986) 5 NSWLR 610 Ye v Zeng (No 7) [2018] FCA 1478 Tyler, ......
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4 firm's commentaries
  • Review of NSW Farm Debt Mediation Act
    • Australia
    • Mondaq Australia
    • 2 May 2017
    ...and other developments. For example: the paper makes reference to the High Court decision in Waller v Hargraves Secured Investment Ltd [2012] HCA 4 which held that a certificate issued under section 11 of the FDMA authorised the creditor to take enforcement action only in relation to a farm......
  • Victoria's new farm debt mediation scheme - how does it work?
    • Australia
    • Mondaq Australia
    • 28 October 2012
    ...company, not the debtors, could have the benefit of the NSW Act. The recent High Court decision in Waller v Hargraves Secured Investments [2012] HCA 4 provides a valuable lesson for creditors in structuring any agreement reached as a result of farm debt mediation. The creditor, Hargraves, w......
  • Farm Debt Mediation Act - Waller v Hargraves Secured Investments Limited - the sequel
    • Australia
    • Mondaq Australia
    • 30 October 2013
    ...its mortgage following the Bankruptcy of Ms Waller In 2012 the High Court gave judgment in Waller v Hargraves Secured Investments Limited [2012] HCA (4). That case was the subject of presentations by a number of Kemp Strang partners directly to clients and at our Briefings and external In s......
  • To mediate or not to mediate? Or how many times? The impact of a recent case on the farm mediation laws
    • Australia
    • Mondaq Australia
    • 24 March 2012
    ...Impact of Waller v Hargraves Secured Investments Ltd [2012] HCA 4 on Farm Debt The High Court has recently considered a lender's entitlement to enforce a "farm mortgage" after mediating under the NSW Farm Debt Mediation Act 1994 ("NSW Act"). Although the case relates to the NSW Act, the dec......

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