Tag: Securitization

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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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 … Continue reading Summerland Credit Union Ltd v Lamberton; Summerland Credit Union Ltd v Jonathan [2014] NSWSC 547 →
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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 … Continue reading National Australia Bank Limited v Norman [2012] VSC 14 →
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Westpac Banking Corporation v Mason [2011] NSWSC 1241

In Westpac Banking Corporation v Mason [2011] NSWSC 1241 the defendants attempted to avoid foreclosure arguing that securitizing a loan is misleading, deceptive, and unconscionable conduct, and that the bank could not enforce the loan agreement, as it had: "...already received … Continue reading Westpac Banking Corporation v Mason [2011] NSWSC 1241 →
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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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RHG Mortgage Corporation Ltd v Astolfi [2011] NSWSC 1526

In RHG Mortgage Corporation Ltd v Astolfi [2011] NSWSC 1526 the respondent resisted an attempt to foreclose on her property, arguing that the mortgage could not be enforced because it had been securitized. The court struck out the pleadings responding that … Continue reading RHG Mortgage Corporation Ltd v Astolfi [2011] NSWSC 1526 →
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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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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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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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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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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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