In ANZ Banking Group Ltd v Bankseea Pty Ltd [2017] VCC 1852 the defendants appealed a summary judgment by the bank, “…on the grounds that it is fraudulent, misleading, with the intention to deceive the court and as well as being frivolous, scandalous, vexatious and an abuse of process.” They alleged that the bank was involved in creating fake documents for taking possession of the properties, and attempted to pay the debt with what was purported to be a bill of exchange.
“This somewhat absurd allegation is raised in the affidavit of Sharlene Annesley sworn 29 August 2017 and filed 31 August 2017: see [14]-[20]. It is to the effect that Ms Annesley claims that she has paid her debts by writing out and offering the bank a document that has no legal effect and does not in fact effect payment, which she calls a ‘bill of exchange’. Then Chief Justice Warren rejected a similar point at [55] of Hou v Westpac [2014] VSC 606.”
Click to access anz-banking-group-ltd-v-bankseea-pty-ltd-2017-vcc-1852.pdf
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