Living Word Outreach Inc v Deputy Sheriff of Victoria [2014] VSC 454

In Living Word Outreach Inc v Deputy Sheriff of Victoria [2014] VSC 454 the appellant accumulated 47 infringement notices, and failed to pay them or elect to have the matters heard in the court, which resulted in an infringement warrant, and their vehicle was seized. The appellant sought a stay of the infringement warrants;  a stay of the disposal of the vehicle;  the vacation of ‘void judgments’ against the appellant;  and damages for ‘illegal and void’ fines and forfeitures. The appellant contended that the Act was void, unenforceable or invalid by reason of its conflicting with the Bill of Rights 1688, and there was no evidence that he agreed to be bound by any of the documents received. In addition, the appellant claimed that they had ‘issued’ commercial liens against the Victorian Government Solicitor’s Office containing claims that the VGSO failed to rebut and so must be held to have accepted. The court dismissed the appeal.

“As submitted on behalf of the respondents, there is no basis for the assertion of a commercial lien.  A lien is the personal right to withhold to property as security for the performance of an obligation or payment of a debt.  The appellant has not established any obligation or debt on the part of the VGSO, with the result that there can be no lien.”

Click to access living-word-outreach-inc-v-deputy-sheriff-of-victoria-2014-vsc-454.pdf

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