Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547

In Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547 the defendants resisted foreclosure of their properties, signing their names with trademark symbols:

“I, Jonathan©”TM” am no aware of any documents relating to case number 13/372819 being lawfully served on Debra Ann Lamberton©”TM” in Adelaide or at her tenanted address in 34 Strateden St Kyogle or on the man I am.”

They challenged the jurisdiction of the court, insisted on a trial by jury, and argued that the loans could not be enforced because the debts were securitized. The court noted:

“Even if there has been, the authorities demonstrate that that is no bar to the original lender bringing the proceedings to enforce the loan: Westpac Banking Corporation v Mason [2011] NSWSC 1241 at [29]; RHG Mortgage Corporation v Astolfi [2011] NSWSC 1526 at [13]-[14].”

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