Smart v Australia & New Zealand Banking Group Ltd [2002] VSCA 111

In Smart v Australia & New Zealand Banking Group Ltd [2002] VSCA 111 the appellant resisted a mortgage foreclosure, firstly insisting on a right to trial by jury under the Magna Carta, and further contending that no moneys were lent, but only credit created by book entry, which was unlawful because the only lawful mode of payment was by legal tender, Australian coinage and bank notes.

“it’s a paper transaction.  Actual money doesn’t change hands, cash money”

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