In the matter of Commonwealth Bank of Australia [2021] NSWSC 401

Ronald Gregory held Visa credit card facilities with the Commonwealth Bank of Australia and correspondence gave rise to discontent. This led to a complaint being made by Ronald Gregory to the Australian Financial Complaints Authority which appears was dismissed. A fine was then purportedly imposed by him on the Commonwealth Bank of Australia in respect of an alleged trespass on an agreement.



In the matter of Commonwealth Bank of Australia [2021] NSWSC 401, the Commonwealth Bank of Australia applied to set aside a creditor’s statutory demand issued by the defendant, Ronald Gregory. The Demand refers to a debt in the amount of $418,000 and also claimed interest and costs, and describes the debt as follows:

“Debt arising from outstanding invoice number RMG261020201429 for which First Notice dated the 26/10/2020, Second Notice dated 20/11/2020 and Third & Final Notice dated 11/12/2020 with invoices enclosed being delivered to the debtor company by Australia Post Domestic Letter with Tracking to which no replies from the debtor company were received. The invoice relates to debt by the debtor company as confirmed in an unrebutted affidavit dated 4/08/2020. A second unrebutted affidavit regarding commercial default for non payment by the debtor of invoice number RMG261020201429 by the debtor company is to the creditor.”

Ronald Gregory did not appear at any stage in the proceedings, whether by filing a notice of appearance, or attending any of the hearings conducted by telephone. By affidavit, he addressed various matters including that he is “a living spirit within a sentient breathing man”; that he has not been presented with facts or material evidence of various matters, and that he does not have a contract or consent to any contract with any person or persons without his fullest informed consent. Black J. noted (at 9): 

“The form of Mr Gregory’s correspondence and evidence has many of the features which were described in the judgment of the Court of Queen’s Bench of Alberta in Meads v Meads 2012 ABQB 571 as “Organized Pseudolegal Commercial Argument”, which I noted in Sheridan v Colin Biggers & Paisley [2019] NSWSC 528 (at 10) and to which the Court of Appeal referred in Wichman v Pepper Finance Corp Ltd [2019] NSWCA 195. The documents filed by Mr Gregory, but not read or tendered by him because he has not appeared, include a document dated 4 March 2021 titled “Notice to Principal is Notice to Agent” addressed to the Registrar of the Court, and demanding a copy of any lawful contract made between Mr Gregory and the Court with his informed consent on which the Court relies. Mr Gregory then claims that, if the Court does not provide him with such a contract within seven days, it will be taken to have assented that no contract exists with him.”

Black J. made orders setting aside the Demand and that Ronald Gregory pay the Commonwealth Bank of Australia’s costs of the proceedings.