Tag: Promissory Notes

St George Bank – a Division of Westpac Banking Corporation v Ian Craig Press [2017] NSWSC 1129

St. George and Ian Craig Press engaged in a mediation regarding a loan and mortgage. At the conclusion of the mediation, a settlement deed was executed by the parties. Unbeknownst to St. George, Ian Press included the letters "V.C" in … Continue reading St George Bank – a Division of Westpac Banking Corporation v Ian Craig Press [2017] NSWSC 1129 →
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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 … Continue reading Norman v Heers (Trustee) [2016] FCA 821 →
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ANZ Banking Group Ltd v Bankseea Pty Ltd [2017] VCC 1852

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 … Continue reading ANZ Banking Group Ltd v Bankseea Pty Ltd [2017] VCC 1852 →
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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 … Continue reading ACM Group Limited v McClymont [2014] FCCA 2581 →
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Bertola v Australian and New Zealand Banking Corporation [2014] FCA 609

In Bertola v Australian and New Zealand Banking Corporation [2014] FCA 609 the applicants were represented by a non-lawyer, Peter Paalvast, seeking an order to block liquidation of their farm. They had annotated a copy of a judgment for the sale … Continue reading Bertola v Australian and New Zealand Banking Corporation [2014] FCA 609 →
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Deputy Commissioner of Taxation v Sproule [2012] FMCA 1188

In Deputy Commissioner of Taxation v Sproule [2012] FMCA 1188 the defendant fought a sequestration order with what appears to be a foisted contract seeking to estop the collection action, arguing that he had "...prepared a bill of exchange with a … Continue reading Deputy Commissioner of Taxation v Sproule [2012] FMCA 1188 →
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Puglia v RHG Mortgage Corporation Ltd [2013] WASCA 143

In Puglia v RHG Mortgage Corporation Ltd [2013] WASCA 143 the court rejected the securitization argument contended by the appellants,  alleging that: "the respondent had 'sold' the mortgage and failed to disclose this, and the applicants had not received any consideration … Continue reading Puglia v RHG Mortgage Corporation Ltd [2013] WASCA 143 →
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Atkinson v Commissioner of Taxation [2014] FCA 1217

In Atkinson v Commissioner of Taxation [2014] FCA 1217 the applicants sought a declaration that $112,500.00 in outstanding income tax had been paid by a bill of exchange. Peter Paalvast filed written submissions on behalf of the first and second applicants. … Continue reading Atkinson v Commissioner of Taxation [2014] FCA 1217 →
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Australia and New Zealand Banking Group Ltd v Evans; Evans v Esanda Finance Corporation Ltd [2016] NSWSC 1742

ANZ provided various facilities to Glenevan Pty Ltd, a company of which Mr and Mrs Evans were the sole directors. The facilities were secured by guarantees given Mr and Mrs Evans and mortgages over three properties and two vehicles. In … Continue reading Australia and New Zealand Banking Group Ltd v Evans; Evans v Esanda Finance Corporation Ltd [2016] NSWSC 1742 →
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Westpac Banking Corporation v McLean [2012] WASC 182

In Westpac Banking Corporation v McLean, [2012] WASC 182 the respondent resisted foreclosure of her property, arguing it had been “securitized” and could not be enforced. The court rejected this defence because the loan had never been securitized, and concluded on … Continue reading Westpac Banking Corporation v McLean [2012] WASC 182 →
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Wilmink (Trustee) v Westpac Banking Corporation [2014] FCA 872

David John Waden as trustee for the Waden Family Investment Trust entered into a mortgage which was secured over a property. Westpac commenced proceedings in the District Court seeking judgment for the amount and possession of the property.  At the … Continue reading Wilmink (Trustee) v Westpac Banking Corporation [2014] FCA 872 →
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Tadeusz Krysiak

Tadeusz Krysiak was charged with exceeding the speed limit. At the mention and trial he sought to challenge the jurisdiction of the Magistrates Court but was unsuccessful, and sought leave to appeal the conviction in Krysiak v Hodgson, [2009] WASC … Continue reading Tadeusz Krysiak →
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Hou v Westpac Banking Corporation [2015] VSCA 57

Summary judgments were made regarding a mortgage recovery, and as there was no appearance by the defendants, reasons were not pronounced in court and subsequently a request was made for reasons for appeal, which were given in Westpac Banking Corporation … Continue reading Hou v Westpac Banking Corporation [2015] VSCA 57 →
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Vaughan v HSBC Bank Australia Limited [2009] FCA 1007

In Vaughan v HSBC Bank Australia Limited [2009] FCA 1007 the applicant invoked what he described as a ‘Private Administration Process’ through a series of documents, one which apparently recorded a then current indebtedness of the applicant to the Bank of … Continue reading Vaughan v HSBC Bank Australia Limited [2009] FCA 1007 →
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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 … Continue reading St George Bank v Hammer (No 2) [2015] NSWSC 953 →
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Commonwealth Bank of Australia v Roskott [2014] NSWSC 246

Commonwealth Bank of Australia v Roskott [2014] NSWSC 246 Proceedings commenced seeking possession of a property claiming a judgment against the defendants for a sum in excess of $1 million. The defendants, acting for themselves, claimed a new agreement had … Continue reading Commonwealth Bank of Australia v Roskott [2014] NSWSC 246 →
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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 … Continue reading Szita v Capital Finance Australia Limited (2004) FCA 477 →
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Peter Scott Haughton

Peter Scott Haughton ran a series of cases in 2019-2021, heavily influenced by the assertions of a range of constitutional theorists. His story is a sad tale of ruin due to the adoption of the OPCA mindset, from successful businessman … Continue reading Peter Scott Haughton →
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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 … Continue reading Bendigo and Adelaide Bank Limited v Grahame [2020] VSC 86 →
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John Russell (Royal Bank of Australia)

The "Royal Bank of Australia" is a trading name with an enduring appeal, having been chosen no less than three times over the past 180 years - twice by legitimate businesses (the second more legitimate than the first), and most … Continue reading John Russell (Royal Bank of Australia) →
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Deputy Commissioner of Taxation v Aitken [2015] WADC 18

In Deputy Commissioner of Taxation v Aitken [2015] WADC 18 the defendant contended he had delivered to the plaintiff a non-negotiable promissory note to discharge his debt and as that promissory note has not been presented for payment by the plaintiff … Continue reading Deputy Commissioner of Taxation v Aitken [2015] WADC 18 →
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Peter Gargan

Despite having been declared a vexatious litigant in 4 jurisdictions in Australia, Peter Alexander Gargan is still very active in the OPCA community, advising Rod Culleton in his matters before the courts, as well as recently travelling to the UK on … Continue reading Peter Gargan →
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Woods v Australian Taxation Office & Ors [2016] QDC 198

The Australian Taxation Office submitted that Sonia Woods had tax liabilities owing of $77,521.21. In her correspondence with the Australian Taxation Office from August 2015, she raised various issues concerning her debt including the alleged operation of the Bills of … Continue reading Woods v Australian Taxation Office & Ors [2016] QDC 198 →
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ACM Group Ltd v Jenner [2014] QMC 7

ACM Group Ltd v Jenner [2014] QMC 7 "The A4V notice and the “certified agreement” are unilateral “quasi-agreements” unsupported by valuable consideration. Neither is binding on the involuntary party. The documents do not create formal legal relations or contractual consequences … Continue reading ACM Group Ltd v Jenner [2014] QMC 7 →
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Making money out of thin air

OPCA litigants have employed a number of what may be called "money for nothing" schemes that purport to provide a mechanism by which the OPCA litigant can obtain unconventional benefits. These are the proverbial caves of hidden treasure. OPCA gurus … Continue reading Making money out of thin air →
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Mark Pytellek

Mark Andrew Borleis is also known as Mark Andrew Pytellek. In 2006 he claimed Magistrate White owed him 6.5 million for rejecting his defence and upholding the states traffic laws. The Courier Mail: "Australian separatist Mark Andrew Pytellek held over courtroom … Continue reading Mark Pytellek →
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Santos Bonacci

Santos Bonacci, a self-styled “Astro-theologist” from Berwick Victoria, ran a Facebook page titled "Universal Truth School" spruiking what he calls 'Syncretism' - "bringing together all the fields of knowledge and wisdom and showing the interrelatedness of all things". A very … Continue reading Santos Bonacci →
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Early OPCA Influence in Australia

Throughout the 2000s, OPCA concepts became increasingly cross-contaminated. Foreign concepts and legislation, such as A4V and the Uniform Commercial Code became common features in OPCA legal proceedings in the Commonwealth, sometimes alone and sometimes in combination with domestic concepts. This … Continue reading Early OPCA Influence in Australia →
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Danny Maksacheff

Danny Maksacheff is an OPCA litigant in New South Wales, who was influenced by a number of people such as Glenn Bowley, Romley Stewart Stover and Rodney Culleton, to pursue the course of action against the bank. Among the various OPCA … Continue reading Danny Maksacheff →
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