The Bank sought summary judgment against Mr and Mrs Kozisek for a default on their loan agreements. The defendants filed a list of documents with the court, seeking an order compelling the Bank to provide full discovery of all requested “original wet ink” documents, which concluded with the words: “All Natural and Indefeasible Rights Reserved. … Reserve our God-Given Natural Rights” and “I, Cheryl –Anne Kozisek a Flesh and Blood Living Soul … seek from the Court to evaluate the facts present and assist a layman.” insisting that their affidavits “were not and never have been rebutted verbatim” among other contentions.
Summary judgment was entered against the defendants by Master Sanderson in the sum of $982,261.82, from which they sought leave to the Court of Appeal in Kozisek v Australia and New Zealand Banking Group Limited [2019] WASCA 71. They wrote to the Registrar asking them to “advise when she swore an oath of allegiance to the Queen, as an officer of the Bar of the British Accreditation Registry” and alleging Master Sanderson “has committed fraud upon the court by proceeding with the matter” and that the Court had “no Jurisdiction over a Living man or woman”. It was further contended that the property is subject to “nil limitations, interests, encumbrances and notifications” and no one can take away property held in fee simple, that the Bank was “Breaking the Law of God” by charging interest, and that by presenting the names of Mr and Mrs Kozisek in uppercase and lowercase on the writ, Mr and Mrs Kozisek’s “persona has been represented in three different personas”.
Murphy JA and Beech JA held that none of the grounds of appeal had a reasonable prospect of succeeding in the appeal and dismissed the application.
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