Sunday, December 5, 2010

BANKING COURT CASE MELBOURNE DEC14th-PEOPLE v COMMONWEALTH BANK

Please forward this message to anyone fighting to keep their home or fighting for Australians’ constitutional rights.

Members of the public are invited to witness a second attempt by the Commonwealth Bank to repossess a property at Brunswick, Victoria.

Where?

County Court (Commercial Division), 250 William Street Melbourne

When?

10am for briefing on case to start 10.30am.

MAJOR BANK REPOSSESSION TEST CASE, COUNTY COURT MELBOURNE, DECEMBER 14TH

TWO alleged mortgage defaulters challenging repossession of their Brunswick home by the Commonwealth Bank are calling for public support when they answer summons to appear at the County Court in Melbourne next Tuesday, December 14th, in a second property repossession action by the Commonwealth Bank.

The plaintiff, the Commonwealth Bank, has been granted leave to issue second warrant of possession for the disputed property in Brunswick.

The bank is seeking court orders to stop Mr Donohue, the two alleged mortgage defaulters Raymond Tatana and Cathy Young, and David Tatana (the brother of Raymond), from any action that hinders the repossession.

Commonwealth Public Officer, Gerard Donohue, is countering the action in a Declaration alleging breaches of the Australian Criminal Code and Commonwealth Constitution.

The repossession challenge by Mr Donohue and his group may eventually have important implications for mortgage defaulters across Australia because it involves challenging the widespread bank practice of on-selling mortgages to insurance companies. It also involves the matter of the Queen being removed from the state government legislation of Western Australia and Victoria, which may also impact upon how the case is handled by the court and judges.

The bank is bringing the action through the Commercial List, Banking and Finance Division of the County Court and has engaged Gadens Lawyers of Melbourne

On November 20. Mr Donohue and his party successfully blocked the mortgagee auction of Raymond and Kathy’s property at 10 Ashmore Street, Brunswick, after Mr Donohue served papers against the bank, police, security officers and real estate agents acting for the bank. An eviction order was issued by the bank on September 8th.

As a result of the November 20 action, Raymond and Kathy were able to regain possession of the house.

The Commonwealth Bank then came back to issue summons on December 4th seeking to stop further action by Mr Donohue, the Tatanas and Kathy Young.

Backers of Raymond and Kathy are asking for anyone interested in the case to be at the court at 10am, half an hour before it starts, and be briefed on the background of the case.

3 comments:

  1. I'll be in Melb that day so will be there. Wendy

    ReplyDelete
  2. I am genuinely happy about the information you present with your posts. Anyway keep in the great hard work!

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  3. It is now the middle of December what was the outcome of the hearing?
    Did they got their house back?

    ReplyDelete