Vaughan v HSBC Bank Australia Limited [2009] FCA 1007

In Vaughan v HSBC Bank Australia Limited [2009] FCA 1007 the applicant invoked what he described as a ‘Private Administration Process’ through a series of documents, one which apparently recorded a then current indebtedness of the applicant to the Bank of $504,597.23 and attached a birth certificate as payment. The Bank did not engage in the ‘Private Administration Process’ with the applicant, nor did it agree at any time and in any way to discharge the Mortgage. The Court held that:

“It is apparent that the applicant’s case against the Bank well and truly earns the description of being unmeritorious and unsustainable. The applicant has no reasonable prospect of successfully prosecuting any part of his proceeding against the Bank. In relation to his claim for summary judgment against the Bank it is totally without foundation, it proceeds on the premise that, because the Bank did not reply to his rather odd communications to it, by its silence the Bank agreed to make a gift to the applicant of $666,000.”

Click to access vaughan-v-hsbc-bank-australia-limited-2009-fca-1007.pdf

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