Firstmac Fiduciary Services Pty Limited v Gilmour [2013] NSWSC 255

Firstmac Fiduciary Services Pty Ltd was granted a writ of restitution in Firstmac Fiduciary Services Pty Limited v Gilmour [2013] NSWSC 255 to recover possession of property from the defendant, after he defaulted on a loan. He refused to give vacant possession of the property, and the sheriff was called to evict him, change the locks, and remove all personal belongings. Later that day the defendant returned to the property, installed new locks and resumed residence, taking the view that he is not obliged to abide by the writ which has been served upon him. In an email to the court he wrote: “I wish to advise I have restored my rightful and legal possession of my property…

Click to access firstmac-fiduciary-services-pty-limited-v.-gilmour-2013-nswsc-255.pdf

“I, Brett, do not enter into the courts today. I remain absent and unable to attend. I humbly ask the court to state in writing what substance binds me to, and to what law specifically am i bound ? I humbly ask the court whom is it that i may be punished by? The state, the crown or the Queen of England? I, Brett, sovereign, free , breathing, living, flesh and blood man abide in the natural law. The Holy law as authorised by her most excellent Majesty Queen Elizabeth II in right of Regina. Man cannot serve two masters. I humbly request the court officials to produce oath as sworn to her most excellent Majesty Queen Elizabeth II in right side of Regina. To court officials acting as administrators i humbly require cure and maintenance. To court officials acting as justice at admiralty law i humbly require remedy. To court officials acting as judges i humbly require to cease and desist all matters pertaining to case number 2012/33768 to set aside from a default judgement for trial by jury. To court officials acting as Priests i humbly ask forgiveness of trespass just i forgive those who trespass against me. I humbly request the court to endorse all documents of the court with wet ink signatures and Royal Seal. I humbly request the court to show me full disclosure of the divides of plunder proposed. I humbly request the court to provide details of any contract i may have with the court including full disclosure of terms and conditions. I humbly request that the court address myself as Brett and acknowledge that i am not the person or the entity of Mr Gilmour.”

The court found the defendant guilty of contempt and sentenced him to 3 months jail.

Click to access firstmac-fiduciary-services-pty-limited-v-gilmour-no-3-2013-nswsc-570.pdf

.