Tag: Book-entry Credits

Norman v Heers (Trustee) [2016] FCA 821

I don't think I'll comment on Norman v Heers (Trustee) [2016] FCA 821, it is either self explanatory or incomprehensible: "I am of sound mind, i.e. this affidavit and the facts herein are the product of knowledge and creative-expression by its creator. My name constitutes property. My name is owned by my master in accordance … Continue reading Norman v Heers (Trustee) [2016] FCA 821 →

Finlayson v Indigenous Business Australia [2014] VSCA 95

In Finlayson v Indigenous Business Australia [2014] VSCA 95 the respondent had obtained a judgment for recovery of possession of land on the basis that the applicant had defaulted under the terms of his mortgage, and the applicant sought an order to set aside the decision, but it was dismissed. He sought leave to appeal … Continue reading Finlayson v Indigenous Business Australia [2014] VSCA 95 →

ACM Group Limited v McClymont [2014] FCCA 2581

In ACM Group Limited v McClymont [2014] FCCA 2581 the defendant argued that Westpac should account to him for the amount it received for the debt from the petitioning creditor because it was his signature on the credit contract that created the asset that Westpac sold or assigned to the petitioning creditor, and that having created … Continue reading ACM Group Limited v McClymont [2014] FCCA 2581 →

National Australia Bank Limited v Norman [2012] VSC 14

In National Australia Bank Limited v Norman [2012] VSC 14 the court noted: "The counterclaim was comprised of random, almost incomprehensible, statements, propositions, quotations, argument and references to other material that appeared to have been lifted from other documents and randomly pasted into the pleading.  Passages were quoted from Magna Carta and the Bible." The defendants argued that … Continue reading National Australia Bank Limited v Norman [2012] VSC 14 →

Shields v Cbfc Limited [1994] FCA 1311

In Shields v Cbfc Limited [1994] FCA 1311 the appellants alleged bias by the primary judge, denying that they were obliged to make payments on a rent contract because the alleged debt was “created by the respondent as a book entry credit at no cost whatsoever”. The appellants filed extracts from “a manual, “How to Screw … Continue reading Shields v Cbfc Limited [1994] FCA 1311 →

Flynn v National Australia Bank [2009] WASCA 168

In Flynn v National Australia Bank [2009] WASCA 168 the applicant sought a stay of a foreclosure order, with a "series of propositions appearing under the heading 'Philosophical Argument,' the central tenet of which seems to be that the bank was loaning 'not cash currency of the Commonwealth of Australia' but "book entry credit created out … Continue reading Flynn v National Australia Bank [2009] WASCA 168 →

Grey v Australia and New Zealand Banking Group Ltd [1993] FCA 54

In Grey v Australia and New Zealand Banking Group Ltd [1993] FCA 54 the plaintiffs claimed that the loan was created by “book-entry credit” and is therefore false, misleading, and should not be enforced, and insisted if the bank was "entitled to create cost-free book-entry credit and that book-entry credit so created is valid in law … Continue reading Grey v Australia and New Zealand Banking Group Ltd [1993] FCA 54 →

Re Warner v Elders Rural Finance Limited [1992] FCA 473

In Re Warner v Elders Rural Finance Limited [1992] FCA 473 the applicants sought to invalidate a mortgage alleging that all the bank had offered was a “book-entry credit created at no cost” and therefore the bank was engaging in deceptive and misleading practices. Download The court noted it is well established that "A debit or … Continue reading Re Warner v Elders Rural Finance Limited [1992] FCA 473 →

Estate of Napier v National Australia Bank Ltd [1992] FCA 167

In Estate of Napier v National Australia Bank Ltd [1992] FCA 167 the executor argued the loan was “... merely accounting items entered in account books”, did not constitute valuable consideration, relying on a text by Laurence Hoins titled “How to Screw ‘Your’ Bank” in which a template statement of claim states banks create “book-entry credit … Continue reading Estate of Napier v National Australia Bank Ltd [1992] FCA 167 →

Fisher v Westpac Banking Corporation [1992] FCA 390

In Fisher v Westpac Banking Corporation [1992] FCA 390, the plaintiffs alleged a misleading and deceptive, criminal conspiracy by all the bank to strip them of their assets, purporting "book entries which did not represent the commitment of "legal tender", referring to the Credit River decisions, and other references in a publication titled “How to screw … Continue reading Fisher v Westpac Banking Corporation [1992] FCA 390 →

Arnold v State Bank of South Australia [1992] FCA 554

In Arnold v State Bank of South Australia [1992] FCA 554 the applicants sought to block a foreclosure on their farm, alleging that “... the mortgage involved the creation by the State Bank of a book-entry credit at no cost to itself.”, so the loan was unsupported by consideration. It was further contended that the Magna Carta … Continue reading Arnold v State Bank of South Australia [1992] FCA 554 →

Pavlomanolakos v National Australia Bank [1993] FCA 29

In Pavlomanolakos v National Australia Bank [1993] FCA 29, the applicant filed a document entitled "Notice of Constitutional Matters" claiming that "the creation of book-entry credits by Banks and other financial institutions" was unconstitutional, that a mortgage should not be enforced because its funds were "created by the (Bank) as a book-entry credit ‘out of thin … Continue reading Pavlomanolakos v National Australia Bank [1993] FCA 29 →

National Australia Bank v Walter [2004] VSC 36

In National Australia Bank v Walter [2004] VSC 36 the applicants raised a number of unorthodox arguments, including entitlement to trial by jury under Magna Carta, contended that the Constitution Act 1975 (Vic) is invalid on the ground that there is no proof that Queen Elizabeth II gave it royal assent, and alleged apprehended bias … Continue reading National Australia Bank v Walter [2004] VSC 36 →

Smart v Australia & New Zealand Banking Group Ltd [2002] VSCA 111

In Smart v Australia & New Zealand Banking Group Ltd [2002] VSCA 111 the appellant resisted a mortgage foreclosure, firstly insisting on a right to trial by jury under the Magna Carta, and further contending that no moneys were lent, but only credit created by book entry, which was unlawful because the only lawful mode … Continue reading Smart v Australia & New Zealand Banking Group Ltd [2002] VSCA 111 →

National Australia Bank Limited v McFarlane [2002] VSC 116

In National Australia Bank Limited v McFarlane [2002] VSC 116 the defendant resisted a mortgage foreclosure, contending that there was no lawful consideration given for the mortgages as the Bank did not advance the money claimed but merely created a book entry, referring to the US Credit River decisions.  This was alleged to be a fraud … Continue reading National Australia Bank Limited v McFarlane [2002] VSC 116 →

St George Bank v Hammer (No 2) [2015] NSWSC 953

The defendant applied to have a foreclosure proceeding transferred to Federal Court, but the application for an adjournment was rejected in St. George Bank v Hammer [2015] NSWSC 957. After a transfer under the Financial Sector (Business Transfer and Group Restructure) Act, all the assets and liabilities of St George Bank became assets and liabilities … Continue reading St George Bank v Hammer (No 2) [2015] NSWSC 953 →

Szita v Capital Finance Australia Limited (2004) FCA 477

In Szita v Capital Finance Australia Limited (2004) FCA 477, the appellant claimed that by sending to Capital a document call a “certified promissory note” specifying an amount of $116,375.95, he had discharged any liability to Capital. The Court concluded that his claim is manifestly hopeless, wholly untenable, incapable of constituting tender of payment, and sufficient … Continue reading Szita v Capital Finance Australia Limited (2004) FCA 477 →

Bendigo and Adelaide Bank Limited v Grahame [2020] VSC 86

In Bendigo and Adelaide Bank Limited v Grahame [2020] VSC 86, the defendant sought to draw a legal distinction between herself (whom she refers to as the living person, ‘Heather Jean Grahame’ on the one hand, and the named defendant in the proceeding, whom she refers to as the corporate entity ‘HEATHER JEAN GRAHAME’ (in capital … Continue reading Bendigo and Adelaide Bank Limited v Grahame [2020] VSC 86 →

Ennis v Credit Union Australia [2016] FCCA 1705

Ennis v Credit Union Australia [2016] FCCA 1705 "The argument described in the material is an “Organised Pseudolegal Commercial Argument” and there are, as the respondents submissions point out, a number of hallmarks to that type of approach which are present in the current case. The relevant approach has been described in other cases – … Continue reading Ennis v Credit Union Australia [2016] FCCA 1705 →

Lion Finance Pty Ltd v Johnston [2018] FCCA 2745

Lion Finance Pty Ltd v Johnston [2018] FCCA 2745 "Having read the applicant's (Johnston) material I formed the view that the applicant (Johnston) was seeking to avoid payment of her debt by engaging in an argument which has found some favour around the world, but principally in the United States, Canada and Australia. The argument … Continue reading Lion Finance Pty Ltd v Johnston [2018] FCCA 2745 →