NSW Supreme Court Case
The Cristian family - Arthur, Fiona, Jasmin, Emma and Frances - have found themselves caught up in a NSW Supreme Court drama over a home loan with Macquarie Banks intermeddling interloping interfering impostors (agents), some known as Macquarie Mortgages Pty Limited and Perpetual Limited ACN 000 431 827.
May 2007
We are the Cristian family, Fiona, Arthur, Jasmin, Emma, Frances and baby Xanthe. In 2001 we bought a beach house on the northern tip of Jervis Bay, in a village called Currarong on the South Coast of New South Wales, Australia. Since 2003 Fiona became the sole title deed/owner of the house.
We lived in the house for around 18 months before Jasmin started school and have spent other extended periods there. We moved away from the area (2003/2004) due to schooling concerns and, since then, we have rented the house out on a short-term holiday rental basis. Due to more than 1 year of working very long hours per day, marketing The Elements Beach House on the internet (search engines and listings), holiday rental bookings was a success with the beach house being booked for more than 90% of every year, producing an average income $62k per year. With this income Fiona was able to cover the interest payments on the mortgage, rent a home in Bowral so that children could go to the local Rudolph Steiner school and have enough money left over to cover all food requirements and other expences.
Fiona is not liable for any capital gains tax or land tax and her home is not an investment property. Neither Fiona nor Arthur own or have any interest in any other property, private or commercial.
During the course of 2005, we decided to renovate the downstairs part of the beach house to extend the holiday rental possibilities to over $80k per year and to have somewhere we could live in the future, while still renting out upstairs. Through broker, John Hartney of Mortgage Fastrack - Kangaroo Valley NSW, we investigated various refinancing options before settling on a Line Of Credit from Macquarie Mortgages (part of Macquarie Bank).
From July to August 25th 2005 we received three line of credit (LOC) approval documents from the bank and these confirmations encouraged us to sign the loan contract with the experienced Macquarie Mortgages authorised agent and broker John Hartney as witness.
The day we received and signed the loan contract August 25th 2005 was the first time we became aware that the actual lender was Perpetual Limited and not Macquarie Mortgages.
It turns out that a man with two hats "James Angus", was contractually employed by both Macquarie Mortgages Pty Limited and Perpetual Limited at the same time. James Angus created, signed and mailed the Macquarie Mortgages LOC approval documents and the loan contract for Perpetual Limited.
Strangely up until December 2005, five different approval documents for the LOC were created and mailed to us at different times by James Angus, but through Macquarie Bank stuff ups, Fiona and Arthur unknowingly signed a loan contract, created by James Angus, for a completely different Macquarie Bank product called a Macquarie Mortgage Saver Home Loan - Principal & Interest (MSHL).
Arriving in the mail 25th August 2005 at the same time with the loan contract were letters of approval for the LOC and armed with these confirmations, we signed what has now become the disputed loan contract before Macquarie's experienced authorised agent and broker, John Hartney of Mortgage Fastrack, who himself was fooled by this misleading document and the letters of approval for the LOC.
The only reason why Arthur and I were drawn to sit at the table with John Hartney and sign the disputed loan contract was the letters of approval we received from James Angus. We were seduced and tricked by James Angus into signing a Macquarie Bank loan contract for a product we never applied for or was approved to be supplied to us by Macquarie Bank.
Not knowing Macquarie in-house terminology and being under extreme pressure due to Macquarie delaying the settlement dates twice (17 days), without explanation, Fiona signed her soul away to this uncompromising ferocious beast of doom and gloom. Nowhere in the loan contract does it explain in layman's terms exactly what specific product features are being provided, and how this particular product will perform.
A principal and interest home loan product operates very differently from a LOC product. A LOC works just like an overdraft where you can draw down to the approved limit or deposit as much as you like from one month to the next and pay only monthly interest payments on the outstanding to the bank. But with MSHL you pay both monthly principal & interest payments and you cannot draw down any further funds at any time, regardless of what amounts you may have deposited. This meant our monthly re-payments to the bank were around $1500.00/$2000.00 more than we budgeted. It also meant that we could not financially operate the way we had planned.
Even worse was the fact that the bank also charged us a higher interest rate from the very beginning of the loan contract than the agreed interest rate they promised to provide.
With the settlement not occurring until Fiona Cristian was in the midst of tightly scheduled renovations [September 19th 2005 - Bank staff, knowing we had seven weeks to complete renovations, caused two unexpected delayed settlements, the first for unknown reasons and the second due to house valuation expiring. Settlement finally occurred on 19th September 2005. Delayed settlements made it impossible to pay local trades-people on time causing loss of manpower and setting back the completion date by three weeks. Knowing we could not complete renovations on time, we tidied up outside of beach house and vacated the job-site. We incurred huge losses.], the skullduggery was not noticed, even while funds (fiat) were being drawn down from a remote location. It was not until the first payment was due on November 1st 2005 that the problem was noted. Both Fiona's husband, Arthur Cristian, and the Macquarie broker, immediately contacted Macquarie staff who admitted the mistake and said they would rectify the error.
James Angus was responsible for this switch. The bank tried to withdraw over $6000 from Fiona's ANZ bank account. This was $1500 to $2000 more than we expected to pay per calender month. We did not have extra money to cover these charges.
We contacted bank staff, which admitted the problem and agreed to fix it. Over a period of 6 months we kept telling the bank that we would not pay them any money to avoid validating this fraudulent contract and will only start paying them when we received the correct LOC loan contract (product) they agreed to supply. We kept contacting bank staff who kept admitting there was a problem but continued to do nothing about it for six months, bar offering twice to amend the contract to an interest only home loan at our request (we made no such request as we still wanted a line of credit). They then organised private contractors to change the locks on the house without prior warning, as their solicitors sent a letter to an address we had not resided at for nearly five months, even though we had been receiving other bank correspondence including 6 monthly bank statements at our new address. Holiday tenants were left locked out, forcing us to find and pay for alternative accomodation for them, late in the evening.
With help from contacts outraged by the actions of the bank, we reclaimed the house four weeks later in May 2006, by changing the locks. Less than two weeks later, one of our helpers, Joe Bryant, a well-known anti-bank campaigner, was shot through the hip and tortured for one and a half hours in his home by two masked men. He and his wife, both in their seventies, were hog-tied, gagged and left helpless. The culprits have still not been found. This event upset us greatly but left us more determined to fight for justice.
After being served a Statement of Claim for Possession in the Supreme Court of NSW - Case number 13403/06 - Common Law - by Perpetual Limited in July 2006, we have ended up fighting for our house, which we seem set to loose through no fault of our own. Our journey through the courts has been a huge learning experience, as we became self-litigants after our legal representation condoned fraud on the part of the banks and refused to act according to our best interests. "The Bank have tried everything to bully me into submission," Fiona Cristian said. "In May 2006, they greedily changed the locks on my house without warning, causing extreme stress until, with the help of friends, I changed the locks and continued my rights as the rightful owner of my home some weeks later." Up until this time, the Cristians were in regular communication with Macquarie staff trying to get them to provide the LOC product ordered and approved.
In the Perpetual Limited Statement of Claim, they are claiming their right to reclaim the house due to default of payments. The Plaintiff's Barrister, Steven Mark Golledge, another 3rd party contracted agent, readily admits in court that his client does not dispute the circumstances detailed in Fiona Cristian's Defence, Cross Claim and Affidavits thus far. The Perpetual Limited claim rests solely on the basis of default of payment and their legal rights over the registered mortgage. "The fact that the entire situation has occurred due to Macquarie Bank staff stuff ups is not a consideration for them," said Fiona Cristian to Justice Peter John Hidden. Outside of court, Fiona Cristian said, "It all comes down to the fact that I unknowingly signed a piece of paper that I never would have signed had I not been misled by the Notices of Loan Approval that arrived at the same time as the misleading and confusing Loan Documents."
"Why is it that Perpetual Limited and Macquarie Bank are immune from serious breaches of Trade Practice? If I ordered a Toyota Camry and was supplied with a Ford Falcon the dealer would be obligated to correct the error or cancel the contract. This is not the case when you are dealing with financial lending institutions. It appears that their financial power is God and they can do what they like to anyone. The fact is, this situation is just not fair but that does not seem to be an issue."
"Both the approval documents for the Macquarie Executive Choice Line of Credit and the Perpetual loan contract for the Macquarie Mortgage Saver Home Loan, were signed by James Angus clearly indicating that he is the only other 1st party to the loan contract besides us. It also tells us that he is the creator of the loan contract on behalf of Perpetual Limited as Manager of Operations and the creator of the approval documents for Macquarie Mortgages as Authorised Officer."
"In December 2005 and again in February 2006, we received letters from Perpetual offering to change the principal and interest product to an interest only product "at our request". We pointed out that we had not requested these changes and that we just wanted a new LOC contract reflecting the line of credit we had ordered and were approved for by Macquarie Bank. We told them that we were not willing to start making payments until they had supplied us with the LOC loan contract. To back all this up, we even supplied evidence to Perpetual of a Macquarie Newsflash Special Announcement To All Referrers (mortgage brokers/agents), stating," Effective as of Monday 15th July 2005 the Macquarie Executive Choice has been customised to a Line of Credit (LOC) loan product.""
"We did not sign the loan contract until 25th August 2005, James Angus had sent us three approvals to supply the LOC as well as an LOC settlement notice in September 2005 and another LOC approval in Dec 2005. How bizarre this company is. I even gave them copies of two Macquarie brochures, one for the Macquarie Executive Choice LOC and one for the product we never wanted Macquarie Mortgage Saver Home Loan. Both brochures clearly explain the differences between the two. Even though the evidence we have is cut and dried, clear as daylight, they just keep ignoring the truth and prefer to lie, cheat and continue the collusion.
In court representing Fiona as her Power of Attorney, Arthur asked various Judges on various occasions "What came first, the agreement or the loan contract?" They still won't answer this question! Arthur also stated "Can a mortgage come into existence without a cause for its existence? Can a loan contract come into existence without a cause for its existence? These questions of Arthur's are no different to saying "Can a child be created without the exchange of male sperm and female egg". Isn't it clearly obvious that it was the agreement between the first parties that caused a loan contract to come into existence to reflect the agreement of the 1st parties! Arthur has stated over and over again that many NSW Supreme Court Judges are ignoring the bank fraud to protect the bank at all costs so that no court precedent could be established that would open up the floodgates for tens of thousands of other Australian families and business operators seeking justice for being victims of bank fraud. In Arthur's estimation, he now feels that it is more than likelt that 100,000 cases of bank fraud have occured in Australia since the late 1960's. Also of interest is how all mainstream media has kept a wall of silence most of the time.
"In writing, Fiona said to the plaintiff, "At the time of signing the loan contract, what were we thinking we were receiving as a product?" and "If we actually knew the trouble that we were getting into, do you think we would have signed the loan contract?" To this day we still have not received a reply to either question. We were tricked, bamboozled, lied too, misled, seduced, coerced and cheated by Macquarie Mortgages Pty Limited ABN 23 057 760 178 and to add further salt to the wound this company (Macquarie Mortgages Pty Limited) does not exist and the ABN number (23 057 760 178) is not valid either".
Fiona Cristian continued, "Now Perpetual Limited is complaining about the delays caused by my lack of legal representation and knowledge, but the situation could have been resolved before the end of November 2005 had Macquarie Bank so desired. Every time I go to court I am pressured to get the situation resolved, but I am determined to continue pushing for the time I need to present my case properly and deal with the challenge issued by this multi-billion dollar beast. I do not have eight hours a day to work on my case; my young children take up most of my time and my pregnancy tires me. I am forced to defend myself as I am unable to find legal representation willing to take on a large financial institution at the level I want to take them on."
Beside the pressure to get to judgment, there have also been some strange goings on: on one occasion Fiona arrived in court expecting to go before the Duty Judge, as per the orders given by Justice Malpass, only to find that the matter had been put back before the Registrar. "No attempts were made to inform me," explains Fiona. "On a second occasion, when Arthur arrived at 4.45pm to file some documents for the next days appearance before Registrar Howe, firstly the clerk could not access the file because someone else had blocked it off and when finally the female clerk was able to get in to the file, Arthur was told that there was no longer a listing with Registrar Howe for the following day. Again, there was no attempt to inform us, and we currently have no date set for proceedings to continue. We also have suspicions that our phones and internet connection are bugged, something we are currently investigating.
Even stranger is the fact that Fiona was originally served documents in July under Common Law Division, the official record of proceedings states "Common Law" all the way through and Fiona received confirmation from Justice Hidden on 15th November that the proceedings were being heard in the Common Law Division, yet the stamped court Judgment of the same date states "Equity".
"Under Constitutional Law, Common Law and Equity Law are very different," explains Fiona. "It is only due to statutes pushed through by private corporations that the two have merged. How can they be running a case under one law and making judgements under another? They seem to make up the rules on the run to suit themselves." [Note: The Commonwealth of Australia is a registered private corporation in the USA and so are all Federal and State Government departments including the NSW Supreme Court, Supreme Court Judges, Barristers, Lawyers, The NSW Bar and inludes all NSW & Federal politicians.]
In another example of the plaintiff's habit of twisting the facts, their third party contracted agent Barrister Golledge insisted that Fiona Cristian's property was an investment property when in fact Fiona Cristian pointed out in court that she has lived in this property for more than 15 months within the last three years, that she is not liable for capital gains tax and does not own or have any interest in any other property. How did the third party interloping contractor barrister claim to have grounds that allowed him to dictate terms of a contract that Fiona and Arthur Cristian never agreed to? Was he party to the contract when it was signed?
Fiona and Arthur have also been investigating the plaintiff's legal firm. The banks legal representatives as detailed on court records "Dibbs Abbott Stillman Lawyers" states an ABN number 84 338 278 574 that exists only for DIBBS ABBOTT STILLMAN, a completely different entity. Dibbs Abbott Stillman Lawyers is not a registered business in NSW and operates without an ACN number as well. However DIBBS ABBOTT STILLMAN LAWYERS is registered in Western Australia BN103258827 and also shows an ASIC (Australian Securities Investment Commission) NRGD "Not Registered" "Non Company" status. This ASIC NRGD status also includes the banks contracted 3rd party agent Barrister Steven Mark Golledge as S M GOLLEDGE 062061885.
In spite of numerous protests, on Wednesday 15th November, Justice Hidden made a judgment in favour of Perpetual Limited, but Fiona is not giving up yet. On the contrary, "We are only just beginning" said Fiona." I was only granted a 21-day Stay, instead of the usual 28 days, but I have submitted documents to obtain a further stay so I can continue the investigations we have begun into Contract Law and Corporation Law."
Lack of duty of care and due consideration shown by the bank and its agents in neglecting to supply the correct product have taken a huge toll on the lives of the Cristian family. Through discovery, the evidence now coming to light concerning all banks (Specifically Perpetual Limited - Macquarie Mortgages Pty Limited and Macquarie Bank) solicitors & barristers (The Legal Profession) is clearly an incontrovertible postulation so evident and extent that it requires no proof and therefore has to be considered factual. In the interest of the public and in the interest of justice, Fiona Cristian demands that this wrongful judgment for a writ of possession be immediately struck out and rescinded.
The grounds we are seeking relief are
1. Under the Contracts Review Act - Unconscionable Conduct
2. Fraudulent Misrepresentation
3. Negligence Misrepresentation
4. Incompetence
5. Tort of deceit
6. Section 52 of the Trade Practices Act
7. Under the Real Property Act - S24
8. Under the Consumer Credit Act Section 36
Through their experiences of the legal system thus far, the Cristians have realised the extent to which the corruption of all our systems is affecting the lives of Australians. This has led them to start the Love for Life Campaign, in a call to all Australians to stand united against the disease of corruption currently affecting all our lives.
LEGAL TERMINOLOGY
What The Bank and The Legal System Have Done To Fiona and Arthur Cristian
"For those who understand legal terms, they mendaciously and wilfully created a false perjured brief which they submitted in collusion to the court as evidence against us. It was seriocomic in that it was laughable in its ridiculousness but deadly serious and dangerous at the same time. They conjured up an imaginary legal profess contract based on their poetic, artistic licence. Clearly this was licenciapoetic aruum (which means the legal right to tell lies), by creating a contract as an interloping intermeddling third party. This is a miracle contract based on black-magic because it was authored without us being involved, informed or without our agreement or knowledge (absent reo). We were absent reo (we weren't there). They often convict Australians in absence without them being in court. This is how they show compulsive vindictiveness. This type of legal profession miracle requires thoumaturge (someone who solves devious miracles with legal profession riddles), a promiscuous solicitor/lawyer/barrister prepared to prostitute their profession habitually. It is very traditional classic asmodeus (hebraic demonology legal science) inflicted on public victims constantly."
To précis a long series of court visits up to 29.01.07, following are the main events: on
15/11/06, Justice Hidden ignored unarguable evidence of fraud and ordered a writ of possession without determining the family’s cross claim (that the contract was invalid and void) and saying the case was still continuing (interlocutory).
05/12/06, Registrar Howe ignored two notices of motion for a stay on the writ of possession and on the 14.12.06 he dismissed them, despite Arthur (acting as Power of Attorney for Fiona) insisting repeatedly that he had evidence to prove that the bank had conducted fraud and that the matter needed to go before a judge. Registrar Howe refused.
22/12/06, Justice Beasley, of the Court of Appeal, admitted there was a problem with bank’s contract, and then made an offer of inducement, a conditional stay on the writ if all outstanding interest were paid. Arthur accused her of blackmail and refused the offer, which would only validate the contract, protect the bank and establish a precedent.
21/12/06, Justice Simpson and again on 19/01/07, Justice McDougal, ignored all evidence, bulldozed ahead and refused to issue stays on the writ.
The Supreme Court issued the writ on 08.01.07 and the Sheriffs have been instructed to take possession of the family’s home from 29.01.07, after the writ has been sitting in their office for 21 days.
Along the way bewildered by the rapid escalation of a seemingly simple problem with a seemingly simple solution (issue a new contract), we have been learning about the financial system, the legal system, and the way Australia is governed. We have discovered private corporations run Australia and that these private corporations will protect one another to the detriment of justice, fairness, equality and freedom for all citizens.
We thought our problem would be easy to fix but the bank wouldn’t sort it out. We thought the courts would sort it out but we discovered that they are a private corporation only interested in protecting another private corporation. We thought barristers and lawyers would sort it out but we discovered that many of them are private corporations too, and not interested in taking on a bank.
5th March 2007, We filed Court of Appeal documents in the Supreme Court and have begun a national email campaign to send three documents to all Australian Federal and State Government ministers, senators and representatives, all private corporations as well. We have also emailed the documents to the Governments of Papua New Guinea, Fiji, Timor-Leste (East Timor), Vanuatu, Indonesia, Solomon Islands and Malaysia. We consider some of the information we filed in the court of appeal are like atomic bombs to the Judiciary, Politicians and Internationalised Banksters. We are withholding from uploading these particular documents in our website until the appropriate time. However, some of the information can be found in the Latest Updates/Diary/News section in this website. Our next hearing is on Monday 2nd April 2007 in the NSW Supreme Court of Appeal. We are determined to stop the bank from selling our home and to reclaim it.
2nd April 2007
Below is a copy of the 2nd April 2007 court of appeal judgment transcript. Arthur went before President Mason and Justice Handley. We will get a copy of the court/hearing transcript ASAP and post it in this website. They rejected our leave to appeal and the bank now has the clear-way to sell Fiona's family home. When permission is granted we will post all the Judeo-Judaic documents we filed in the court of appeal white folder 1. Summary of Claimants Argument 2. Claimants Reply.
The judges decision was scripted/decided before our hearing. They had their law book already marked out with a precedent (see judgment transcript below) to validate their scripted decision. They were only interested in sussing out what we know and allowed Arthur to talk well beyond the rules of 20 minutes. Arthur knew this and was happy to accommodate. Arthur talked for nearly 1 hour.
The Arrogance of the Judeo-Judaic Law is what we keep coming up against. They can't afford to admit or concede that there is a fault with their Law. The slightest crack in their wall and the whole wall will collapse. Even with the failure of the 8 points of contract law which determines a valid contract, the Judges ignored our legal rights. I went over the Credit River case, how Australia was bankrupted and the gold standard was removed, how we had unarguable proof how banks create money (legal tender-fiat) out of thin air-on their books etc etc. This is what they did not want to see happen/reactivated in the common law court with our case. They now know we can argue against their best barristers and beat them.
They were offering an olive leaf inducement by suggesting we could claim damages. In the meantime they are determined to sell Fiona's home and an Auction sign for May 2007 has been erected outside the house. Well, now we are off to the High Court while we launch the Psychic Reign Music and begin to market it.
Note: All outstanding court, legal and bank costs have been constantly awarded against us by many judges condoning the fraud, and when you add the interest payments (for money/credit-creation that came out of thin air), we are facing a bill that is enormous for us but is trifling for a multi billion dollar corporation. We can't pay this bill and our many years of working to build equity in this home, have come to nothing. At the end of the line, Fiona stands to be bankrupted by the bank as well.
JUDGMENT TRANSCRIPT - 2nd APRIL 2007
IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL
CA 40839/06
MASON P
HANDLEY AJA
Monday 2 April 2007
FIONA CAROLINE CRISTIAN v PERPETUAL LIMITED, FORMERLY KNOWN AS PERPETUAL TRUSTEE AUSTRALIA LIMITED, (ACN 000431827)
JUDGMENT
1 MASON P: We have heard fuller than usual argument in support of an application for leave to appeal. The argument has been presented in written form and through the oral submissions of Mr Cristian, who is the husband of the claimant and has spoken on her behalf.
2 The matter before the court today is whether to grant leave to appeal against the orders pronounced by Hidden J on 15 November 2006. His Honour ordered that the defendant give the plaintiff possession of certain land and that the plaintiff have leave to issue a writ of possession. He made an order for costs. He directed that the matter be listed for further directions before the Registrar for the outstanding matters that were to be addressed in the proceedings.
3 In his reasons Hidden J stated that,
“The simple fact is that a loan contract was entered into for a certain amount of principal at a certain interest rate. The mortgage was signed consistent with that loan contract and to secure repayment of the loan with interest. It is common ground that there has been default in that no payment has ever been made, and in those circumstances, the plaintiff is entitled to summary judgment for possession.”
4 It was clear to his Honour, as it is clear to me, that the claimant wants to agitate a wide ranging set of issues against the opponent and, it would appear, third parties, including the broker/agent who was involved in the transaction.
5 Mr Cristian has made allegations of fraud, unconscionable dealing and misrepresentation. Some of these appear to be foreshadowed in the document called, First Cross-Claim Cross-Summons, dated 30 October 2006 that was before Hidden J. Other matters were foreshadowed in affidavits that were read before his Honour and no doubt in the submissions put to his Honour.
6 It is not disputed that a mortgage was signed and registered. It is not disputed that various formalities under the Conveyancing Act 1919 concerning the exercise of the mortgagee’s rights were complied with. It is not disputed that the mortgagee paid money and arranged for the discharge of an existing mortgage over the subject property.
7 In Inglis v Commonwealth Trading Bank of Australia (1972) 126 CLR 161 at 164-5, Walsh J gave a judgment which received the approval of the High Court on appeal (see 126 CLR at 168-9). His Honour said this:
“In my opinion, the authorities which I have been able to examine establish that for the purpose of the application of the general rule to which I have referred, nothing short of actual payment is regarded as sufficient to extinguish a mortgage debt. If the debt has not been actually paid, the Court will not, at any rate as a general rule, interfere to deprive the mortgagee of the benefit of his security, except upon terms that an equivalent safeguard is provided to him, by means of the plaintiff bringing in an amount sufficient to meet what is claimed by the mortgagee to be due.
The benefit of having a security for a debt would be greatly diminished if the fact that a debtor has raised claims for damages against the mortgagee were allowed to prevent any enforcement of the security until after the litigation of those claims had been completed.”
8 Mr Justice Walsh did not state an absolute rule and one cannot overlook that fact. Nevertheless, I see nothing on what has been put to us today or was put before Hidden J to take the case outside of the general principle.
9 Mr Cristian has indicated that various claims are intended to be brought, presumably in what remains of the present proceedings in the Common Law Division. The order and judgment of Hidden J does not prevent those matters being litigated in the Supreme Court.
10 In my view, his Honour would have been in error if he had not granted summary judgment for possession in the circumstances here prevailing.
11 The dispute that is foreshadowed as to the possible misunderstanding or possible misrepresentation - I stress possible - as to the full effect of the loan contract cannot remove the fact that the document was signed and registered and became the basis of the relationship between the parties.
12 If a claim based on misrepresentation or fraud or unconscientious dealing is to be litigated then so be it. But the law, as I understand it, is clear that a party that succeeds on such a claim will be required to give counter-restitution and to repay any benefit that was received in consequence of the transaction that he or she seeks to impugn. The rule stated by Walsh J is in one sense an aspect of that more fundamental principle.
13 Mr Cristian foreshadowed arguments based upon the nature of legal tender in this country. I do not consider those arguments have any merit. They certainly raise nothing relevant to the matter that is before this Court.
14 I propose that leave to appeal against the orders of Hidden J made on 15 November 2006 be refused and that the summons before this court be dismissed with costs.
15 HANDLEY AJA: I agree.
16 MASON P: That is the order of the court.
THE CRISTIAN FAMILY PLEDGE
Being of sound mind, heart and spirit, we each declare the following to be true:
• We have no intention of ending our own lives.
• We will not tolerate suppression of our truths, our ideas, our freedoms, or our work.
• We stand together to support others in the expression of truths and freedom to speak out... no matter how radical those ideas may seem.
• Standing for freedom takes courage; together we shall be strong in the face of all odds.
• If it is ever claimed that we have committed suicide, encountered an unfortunate accident, died of sickness/disease, disappeared, been institutionalized, or sold out financially or in any other way to self-interested factions, we declare those claims false and fabricated.
• We testify, assert and affirm without reservation, on behalf of all those who have dedicated their lives to the ending of secrecy and the promotion of freedom of thought, ideas and expression... that we shall prevail.
• We Do Not Have Multiple Personality Disorders
Arthur Cristian
Fiona Cristian
Jasmin Lily Cristian
Emma Rose Cristian
Frances Hannah Cristian
Xanthe Jane Cristian
[Mostly Taken From The Round Table of Project Camelot: http://www.projectcamelot.org/round_table.html ]
Brief History of The Cristian Family NSW Supreme Court Case and Theft of Family Home By Macquarie Bank
May 2007
We are the Cristian family, Fiona, Arthur, Jasmin, Emma, Frances and baby Xanthe. In 2001 we bought a beach house on the northern tip of Jervis Bay, in a village called Currarong on the South Coast of New South Wales, Australia. Since 2003 Fiona became the sole title deed/owner of the house.
We lived in the house for around 18 months before Jasmin started school and have spent other extended periods there. We moved away from the area (2003/2004) due to schooling concerns and, since then, we have rented the house out on a short-term holiday rental basis. Due to more than 1 year of working very long hours per day, marketing The Elements Beach House on the internet (search engines and listings), holiday rental bookings was a success with the beach house being booked for more than 90% of every year, producing an average income $62k per year. With this income Fiona was able to cover the interest payments on the mortgage, rent a home in Bowral so that children could go to the local Rudolph Steiner school and have enough money left over to cover all food requirements and other expences.
Fiona is not liable for any capital gains tax or land tax and her home is not an investment property. Neither Fiona nor Arthur own or have any interest in any other property, private or commercial.
During the course of 2005, we decided to renovate the downstairs part of the beach house to extend the holiday rental possibilities to over $80k per year and to have somewhere we could live in the future, while still renting out upstairs. Through broker, John Hartney of Mortgage Fastrack - Kangaroo Valley NSW, we investigated various refinancing options before settling on a Line Of Credit from Macquarie Mortgages (part of Macquarie Bank).
From July to August 25th 2005 we received three line of credit (LOC) approval documents from the bank and these confirmations encouraged us to sign the loan contract with the experienced Macquarie Mortgages authorised agent and broker John Hartney as witness.
The day we received and signed the loan contract August 25th 2005 was the first time we became aware that the actual lender was Perpetual Limited and not Macquarie Mortgages.
It turns out that a man with two hats "James Angus", was contractually employed by both Macquarie Mortgages Pty Limited and Perpetual Limited at the same time. James Angus created, signed and mailed the Macquarie Mortgages LOC approval documents and the loan contract for Perpetual Limited.
Strangely up until December 2005, five different approval documents for the LOC were created and mailed to us at different times by James Angus, but through Macquarie Bank stuff ups, Fiona and Arthur unknowingly signed a loan contract, created by James Angus, for a completely different Macquarie Bank product called a Macquarie Mortgage Saver Home Loan - Principal & Interest (MSHL).
Arriving in the mail 25th August 2005 at the same time with the loan contract were letters of approval for the LOC and armed with these confirmations, we signed what has now become the disputed loan contract before Macquarie's experienced authorised agent and broker, John Hartney of Mortgage Fastrack, who himself was fooled by this misleading document and the letters of approval for the LOC.
The only reason why Arthur and I were drawn to sit at the table with John Hartney and sign the disputed loan contract was the letters of approval we received from James Angus. We were seduced and tricked by James Angus into signing a Macquarie Bank loan contract for a product we never applied for or was approved to be supplied to us by Macquarie Bank.
Not knowing Macquarie in-house terminology and being under extreme pressure due to Macquarie delaying the settlement dates twice (17 days), without explanation, Fiona signed her soul away to this uncompromising ferocious beast of doom and gloom. Nowhere in the loan contract does it explain in layman's terms exactly what specific product features are being provided, and how this particular product will perform.
A principal and interest home loan product operates very differently from a LOC product. A LOC works just like an overdraft where you can draw down to the approved limit or deposit as much as you like from one month to the next and pay only monthly interest payments on the outstanding to the bank. But with MSHL you pay both monthly principal & interest payments and you cannot draw down any further funds at any time, regardless of what amounts you may have deposited. This meant our monthly re-payments to the bank were around $1500.00/$2000.00 more than we budgeted. It also meant that we could not financially operate the way we had planned.
Even worse was the fact that the bank also charged us a higher interest rate from the very beginning of the loan contract than the agreed interest rate they promised to provide.
With the settlement not occurring until Fiona Cristian was in the midst of tightly scheduled renovations [September 19th 2005 - Bank staff, knowing we had seven weeks to complete renovations, caused two unexpected delayed settlements, the first for unknown reasons and the second due to house valuation expiring. Settlement finally occurred on 19th September 2005. Delayed settlements made it impossible to pay local trades-people on time causing loss of manpower and setting back the completion date by three weeks. Knowing we could not complete renovations on time, we tidied up outside of beach house and vacated the job-site. We incurred huge losses.], the skullduggery was not noticed, even while funds (fiat) were being drawn down from a remote location. It was not until the first payment was due on November 1st 2005 that the problem was noted. Both Fiona's husband, Arthur Cristian, and the Macquarie broker, immediately contacted Macquarie staff who admitted the mistake and said they would rectify the error.
James Angus was responsible for this switch. The bank tried to withdraw over $6000 from Fiona's ANZ bank account. This was $1500 to $2000 more than we expected to pay per calender month. We did not have extra money to cover these charges.
We contacted bank staff, which admitted the problem and agreed to fix it. Over a period of 6 months we kept telling the bank that we would not pay them any money to avoid validating this fraudulent contract and will only start paying them when we received the correct LOC loan contract (product) they agreed to supply. We kept contacting bank staff who kept admitting there was a problem but continued to do nothing about it for six months, bar offering twice to amend the contract to an interest only home loan at our request (we made no such request as we still wanted a line of credit). They then organised private contractors to change the locks on the house without prior warning, as their solicitors sent a letter to an address we had not resided at for nearly five months, even though we had been receiving other bank correspondence including 6 monthly bank statements at our new address. Holiday tenants were left locked out, forcing us to find and pay for alternative accomodation for them, late in the evening.
With help from contacts outraged by the actions of the bank, we reclaimed the house four weeks later in May 2006, by changing the locks. Less than two weeks later, one of our helpers, Joe Bryant, a well-known anti-bank campaigner, was shot through the hip and tortured for one and a half hours in his home by two masked men. He and his wife, both in their seventies, were hog-tied, gagged and left helpless. The culprits have still not been found. This event upset us greatly but left us more determined to fight for justice.
After being served a Statement of Claim for Possession in the Supreme Court of NSW - Case number 13403/06 - Common Law - by Perpetual Limited in July 2006, we have ended up fighting for our house, which we seem set to loose through no fault of our own. Our journey through the courts has been a huge learning experience, as we became self-litigants after our legal representation condoned fraud on the part of the banks and refused to act according to our best interests. "The Bank have tried everything to bully me into submission," Fiona Cristian said. "In May 2006, they greedily changed the locks on my house without warning, causing extreme stress until, with the help of friends, I changed the locks and continued my rights as the rightful owner of my home some weeks later." Up until this time, the Cristians were in regular communication with Macquarie staff trying to get them to provide the LOC product ordered and approved.
In the Perpetual Limited Statement of Claim, they are claiming their right to reclaim the house due to default of payments. The Plaintiff's Barrister, Steven Mark Golledge, another 3rd party contracted agent, readily admits in court that his client does not dispute the circumstances detailed in Fiona Cristian's Defence, Cross Claim and Affidavits thus far. The Perpetual Limited claim rests solely on the basis of default of payment and their legal rights over the registered mortgage. "The fact that the entire situation has occurred due to Macquarie Bank staff stuff ups is not a consideration for them," said Fiona Cristian to Justice Peter John Hidden. Outside of court, Fiona Cristian said, "It all comes down to the fact that I unknowingly signed a piece of paper that I never would have signed had I not been misled by the Notices of Loan Approval that arrived at the same time as the misleading and confusing Loan Documents."
"Why is it that Perpetual Limited and Macquarie Bank are immune from serious breaches of Trade Practice? If I ordered a Toyota Camry and was supplied with a Ford Falcon the dealer would be obligated to correct the error or cancel the contract. This is not the case when you are dealing with financial lending institutions. It appears that their financial power is God and they can do what they like to anyone. The fact is, this situation is just not fair but that does not seem to be an issue."
"Both the approval documents for the Macquarie Executive Choice Line of Credit and the Perpetual loan contract for the Macquarie Mortgage Saver Home Loan, were signed by James Angus clearly indicating that he is the only other 1st party to the loan contract besides us. It also tells us that he is the creator of the loan contract on behalf of Perpetual Limited as Manager of Operations and the creator of the approval documents for Macquarie Mortgages as Authorised Officer."
"In December 2005 and again in February 2006, we received letters from Perpetual offering to change the principal and interest product to an interest only product "at our request". We pointed out that we had not requested these changes and that we just wanted a new LOC contract reflecting the line of credit we had ordered and were approved for by Macquarie Bank. We told them that we were not willing to start making payments until they had supplied us with the LOC loan contract. To back all this up, we even supplied evidence to Perpetual of a Macquarie Newsflash Special Announcement To All Referrers (mortgage brokers/agents), stating," Effective as of Monday 15th July 2005 the Macquarie Executive Choice has been customised to a Line of Credit (LOC) loan product.""
"We did not sign the loan contract until 25th August 2005, James Angus had sent us three approvals to supply the LOC as well as an LOC settlement notice in September 2005 and another LOC approval in Dec 2005. How bizarre this company is. I even gave them copies of two Macquarie brochures, one for the Macquarie Executive Choice LOC and one for the product we never wanted Macquarie Mortgage Saver Home Loan. Both brochures clearly explain the differences between the two. Even though the evidence we have is cut and dried, clear as daylight, they just keep ignoring the truth and prefer to lie, cheat and continue the collusion.
In court representing Fiona as her Power of Attorney, Arthur asked various Judges on various occasions "What came first, the agreement or the loan contract?" They still won't answer this question! Arthur also stated "Can a mortgage come into existence without a cause for its existence? Can a loan contract come into existence without a cause for its existence? These questions of Arthur's are no different to saying "Can a child be created without the exchange of male sperm and female egg". Isn't it clearly obvious that it was the agreement between the first parties that caused a loan contract to come into existence to reflect the agreement of the 1st parties! Arthur has stated over and over again that many NSW Supreme Court Judges are ignoring the bank fraud to protect the bank at all costs so that no court precedent could be established that would open up the floodgates for tens of thousands of other Australian families and business operators seeking justice for being victims of bank fraud. In Arthur's estimation, he now feels that it is more than likelt that 100,000 cases of bank fraud have occured in Australia since the late 1960's. Also of interest is how all mainstream media has kept a wall of silence most of the time.
"In writing, Fiona said to the plaintiff, "At the time of signing the loan contract, what were we thinking we were receiving as a product?" and "If we actually knew the trouble that we were getting into, do you think we would have signed the loan contract?" To this day we still have not received a reply to either question. We were tricked, bamboozled, lied too, misled, seduced, coerced and cheated by Macquarie Mortgages Pty Limited ABN 23 057 760 178 and to add further salt to the wound this company (Macquarie Mortgages Pty Limited) does not exist and the ABN number (23 057 760 178) is not valid either".
Fiona Cristian continued, "Now Perpetual Limited is complaining about the delays caused by my lack of legal representation and knowledge, but the situation could have been resolved before the end of November 2005 had Macquarie Bank so desired. Every time I go to court I am pressured to get the situation resolved, but I am determined to continue pushing for the time I need to present my case properly and deal with the challenge issued by this multi-billion dollar beast. I do not have eight hours a day to work on my case; my young children take up most of my time and my pregnancy tires me. I am forced to defend myself as I am unable to find legal representation willing to take on a large financial institution at the level I want to take them on."
Beside the pressure to get to judgment, there have also been some strange goings on: on one occasion Fiona arrived in court expecting to go before the Duty Judge, as per the orders given by Justice Malpass, only to find that the matter had been put back before the Registrar. "No attempts were made to inform me," explains Fiona. "On a second occasion, when Arthur arrived at 4.45pm to file some documents for the next days appearance before Registrar Howe, firstly the clerk could not access the file because someone else had blocked it off and when finally the female clerk was able to get in to the file, Arthur was told that there was no longer a listing with Registrar Howe for the following day. Again, there was no attempt to inform us, and we currently have no date set for proceedings to continue. We also have suspicions that our phones and internet connection are bugged, something we are currently investigating.
Even stranger is the fact that Fiona was originally served documents in July under Common Law Division, the official record of proceedings states "Common Law" all the way through and Fiona received confirmation from Justice Hidden on 15th November that the proceedings were being heard in the Common Law Division, yet the stamped court Judgment of the same date states "Equity".
"Under Constitutional Law, Common Law and Equity Law are very different," explains Fiona. "It is only due to statutes pushed through by private corporations that the two have merged. How can they be running a case under one law and making judgements under another? They seem to make up the rules on the run to suit themselves." [Note: The Commonwealth of Australia is a registered private corporation in the USA and so are all Federal and State Government departments including the NSW Supreme Court, Supreme Court Judges, Barristers, Lawyers, The NSW Bar and inludes all NSW & Federal politicians.]
In another example of the plaintiff's habit of twisting the facts, their third party contracted agent Barrister Golledge insisted that Fiona Cristian's property was an investment property when in fact Fiona Cristian pointed out in court that she has lived in this property for more than 15 months within the last three years, that she is not liable for capital gains tax and does not own or have any interest in any other property. How did the third party interloping contractor barrister claim to have grounds that allowed him to dictate terms of a contract that Fiona and Arthur Cristian never agreed to? Was he party to the contract when it was signed?
Fiona and Arthur have also been investigating the plaintiff's legal firm. The banks legal representatives as detailed on court records "Dibbs Abbott Stillman Lawyers" states an ABN number 84 338 278 574 that exists only for DIBBS ABBOTT STILLMAN, a completely different entity. Dibbs Abbott Stillman Lawyers is not a registered business in NSW and operates without an ACN number as well. However DIBBS ABBOTT STILLMAN LAWYERS is registered in Western Australia BN103258827 and also shows an ASIC (Australian Securities Investment Commission) NRGD "Not Registered" "Non Company" status. This ASIC NRGD status also includes the banks contracted 3rd party agent Barrister Steven Mark Golledge as S M GOLLEDGE 062061885.
In spite of numerous protests, on Wednesday 15th November, Justice Hidden made a judgment in favour of Perpetual Limited, but Fiona is not giving up yet. On the contrary, "We are only just beginning" said Fiona." I was only granted a 21-day Stay, instead of the usual 28 days, but I have submitted documents to obtain a further stay so I can continue the investigations we have begun into Contract Law and Corporation Law."
Lack of duty of care and due consideration shown by the bank and its agents in neglecting to supply the correct product have taken a huge toll on the lives of the Cristian family. Through discovery, the evidence now coming to light concerning all banks (Specifically Perpetual Limited - Macquarie Mortgages Pty Limited and Macquarie Bank) solicitors & barristers (The Legal Profession) is clearly an incontrovertible postulation so evident and extent that it requires no proof and therefore has to be considered factual. In the interest of the public and in the interest of justice, Fiona Cristian demands that this wrongful judgment for a writ of possession be immediately struck out and rescinded.
The grounds we are seeking relief are
1. Under the Contracts Review Act - Unconscionable Conduct
2. Fraudulent Misrepresentation
3. Negligence Misrepresentation
4. Incompetence
5. Tort of deceit
6. Section 52 of the Trade Practices Act
7. Under the Real Property Act - S24
8. Under the Consumer Credit Act Section 36
Through their experiences of the legal system thus far, the Cristians have realised the extent to which the corruption of all our systems is affecting the lives of Australians. This has led them to start the Love for Life Campaign, in a call to all Australians to stand united against the disease of corruption currently affecting all our lives.
LEGAL TERMINOLOGY
What The Bank and The Legal System Have Done To Fiona and Arthur Cristian
"For those who understand legal terms, they mendaciously and wilfully created a false perjured brief which they submitted in collusion to the court as evidence against us. It was seriocomic in that it was laughable in its ridiculousness but deadly serious and dangerous at the same time. They conjured up an imaginary legal profess contract based on their poetic, artistic licence. Clearly this was licenciapoetic aruum (which means the legal right to tell lies), by creating a contract as an interloping intermeddling third party. This is a miracle contract based on black-magic because it was authored without us being involved, informed or without our agreement or knowledge (absent reo). We were absent reo (we weren't there). They often convict Australians in absence without them being in court. This is how they show compulsive vindictiveness. This type of legal profession miracle requires thoumaturge (someone who solves devious miracles with legal profession riddles), a promiscuous solicitor/lawyer/barrister prepared to prostitute their profession habitually. It is very traditional classic asmodeus (hebraic demonology legal science) inflicted on public victims constantly."
To précis a long series of court visits up to 29.01.07, following are the main events: on
15/11/06, Justice Hidden ignored unarguable evidence of fraud and ordered a writ of possession without determining the family’s cross claim (that the contract was invalid and void) and saying the case was still continuing (interlocutory).
05/12/06, Registrar Howe ignored two notices of motion for a stay on the writ of possession and on the 14.12.06 he dismissed them, despite Arthur (acting as Power of Attorney for Fiona) insisting repeatedly that he had evidence to prove that the bank had conducted fraud and that the matter needed to go before a judge. Registrar Howe refused.
22/12/06, Justice Beasley, of the Court of Appeal, admitted there was a problem with bank’s contract, and then made an offer of inducement, a conditional stay on the writ if all outstanding interest were paid. Arthur accused her of blackmail and refused the offer, which would only validate the contract, protect the bank and establish a precedent.
21/12/06, Justice Simpson and again on 19/01/07, Justice McDougal, ignored all evidence, bulldozed ahead and refused to issue stays on the writ.
The Supreme Court issued the writ on 08.01.07 and the Sheriffs have been instructed to take possession of the family’s home from 29.01.07, after the writ has been sitting in their office for 21 days.
Along the way bewildered by the rapid escalation of a seemingly simple problem with a seemingly simple solution (issue a new contract), we have been learning about the financial system, the legal system, and the way Australia is governed. We have discovered private corporations run Australia and that these private corporations will protect one another to the detriment of justice, fairness, equality and freedom for all citizens.
We thought our problem would be easy to fix but the bank wouldn’t sort it out. We thought the courts would sort it out but we discovered that they are a private corporation only interested in protecting another private corporation. We thought barristers and lawyers would sort it out but we discovered that many of them are private corporations too, and not interested in taking on a bank.
5th March 2007, We filed Court of Appeal documents in the Supreme Court and have begun a national email campaign to send three documents to all Australian Federal and State Government ministers, senators and representatives, all private corporations as well. We have also emailed the documents to the Governments of Papua New Guinea, Fiji, Timor-Leste (East Timor), Vanuatu, Indonesia, Solomon Islands and Malaysia. We consider some of the information we filed in the court of appeal are like atomic bombs to the Judiciary, Politicians and Internationalised Banksters. We are withholding from uploading these particular documents in our website until the appropriate time. However, some of the information can be found in the Latest Updates/Diary/News section in this website. Our next hearing is on Monday 2nd April 2007 in the NSW Supreme Court of Appeal. We are determined to stop the bank from selling our home and to reclaim it.
2nd April 2007
Below is a copy of the 2nd April 2007 court of appeal judgment transcript. Arthur went before President Mason and Justice Handley. We will get a copy of the court/hearing transcript ASAP and post it in this website. They rejected our leave to appeal and the bank now has the clear-way to sell Fiona's family home. When permission is granted we will post all the Judeo-Judaic documents we filed in the court of appeal white folder 1. Summary of Claimants Argument 2. Claimants Reply.
The judges decision was scripted/decided before our hearing. They had their law book already marked out with a precedent (see judgment transcript below) to validate their scripted decision. They were only interested in sussing out what we know and allowed Arthur to talk well beyond the rules of 20 minutes. Arthur knew this and was happy to accommodate. Arthur talked for nearly 1 hour.
The Arrogance of the Judeo-Judaic Law is what we keep coming up against. They can't afford to admit or concede that there is a fault with their Law. The slightest crack in their wall and the whole wall will collapse. Even with the failure of the 8 points of contract law which determines a valid contract, the Judges ignored our legal rights. I went over the Credit River case, how Australia was bankrupted and the gold standard was removed, how we had unarguable proof how banks create money (legal tender-fiat) out of thin air-on their books etc etc. This is what they did not want to see happen/reactivated in the common law court with our case. They now know we can argue against their best barristers and beat them.
They were offering an olive leaf inducement by suggesting we could claim damages. In the meantime they are determined to sell Fiona's home and an Auction sign for May 2007 has been erected outside the house. Well, now we are off to the High Court while we launch the Psychic Reign Music and begin to market it.
Note: All outstanding court, legal and bank costs have been constantly awarded against us by many judges condoning the fraud, and when you add the interest payments (for money/credit-creation that came out of thin air), we are facing a bill that is enormous for us but is trifling for a multi billion dollar corporation. We can't pay this bill and our many years of working to build equity in this home, have come to nothing. At the end of the line, Fiona stands to be bankrupted by the bank as well.
JUDGMENT TRANSCRIPT - 2nd APRIL 2007
IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL
CA 40839/06
MASON P
HANDLEY AJA
Monday 2 April 2007
FIONA CAROLINE CRISTIAN v PERPETUAL LIMITED, FORMERLY KNOWN AS PERPETUAL TRUSTEE AUSTRALIA LIMITED, (ACN 000431827)
JUDGMENT
1 MASON P: We have heard fuller than usual argument in support of an application for leave to appeal. The argument has been presented in written form and through the oral submissions of Mr Cristian, who is the husband of the claimant and has spoken on her behalf.
2 The matter before the court today is whether to grant leave to appeal against the orders pronounced by Hidden J on 15 November 2006. His Honour ordered that the defendant give the plaintiff possession of certain land and that the plaintiff have leave to issue a writ of possession. He made an order for costs. He directed that the matter be listed for further directions before the Registrar for the outstanding matters that were to be addressed in the proceedings.
3 In his reasons Hidden J stated that,
“The simple fact is that a loan contract was entered into for a certain amount of principal at a certain interest rate. The mortgage was signed consistent with that loan contract and to secure repayment of the loan with interest. It is common ground that there has been default in that no payment has ever been made, and in those circumstances, the plaintiff is entitled to summary judgment for possession.”
4 It was clear to his Honour, as it is clear to me, that the claimant wants to agitate a wide ranging set of issues against the opponent and, it would appear, third parties, including the broker/agent who was involved in the transaction.
5 Mr Cristian has made allegations of fraud, unconscionable dealing and misrepresentation. Some of these appear to be foreshadowed in the document called, First Cross-Claim Cross-Summons, dated 30 October 2006 that was before Hidden J. Other matters were foreshadowed in affidavits that were read before his Honour and no doubt in the submissions put to his Honour.
6 It is not disputed that a mortgage was signed and registered. It is not disputed that various formalities under the Conveyancing Act 1919 concerning the exercise of the mortgagee’s rights were complied with. It is not disputed that the mortgagee paid money and arranged for the discharge of an existing mortgage over the subject property.
7 In Inglis v Commonwealth Trading Bank of Australia (1972) 126 CLR 161 at 164-5, Walsh J gave a judgment which received the approval of the High Court on appeal (see 126 CLR at 168-9). His Honour said this:
“In my opinion, the authorities which I have been able to examine establish that for the purpose of the application of the general rule to which I have referred, nothing short of actual payment is regarded as sufficient to extinguish a mortgage debt. If the debt has not been actually paid, the Court will not, at any rate as a general rule, interfere to deprive the mortgagee of the benefit of his security, except upon terms that an equivalent safeguard is provided to him, by means of the plaintiff bringing in an amount sufficient to meet what is claimed by the mortgagee to be due.
The benefit of having a security for a debt would be greatly diminished if the fact that a debtor has raised claims for damages against the mortgagee were allowed to prevent any enforcement of the security until after the litigation of those claims had been completed.”
8 Mr Justice Walsh did not state an absolute rule and one cannot overlook that fact. Nevertheless, I see nothing on what has been put to us today or was put before Hidden J to take the case outside of the general principle.
9 Mr Cristian has indicated that various claims are intended to be brought, presumably in what remains of the present proceedings in the Common Law Division. The order and judgment of Hidden J does not prevent those matters being litigated in the Supreme Court.
10 In my view, his Honour would have been in error if he had not granted summary judgment for possession in the circumstances here prevailing.
11 The dispute that is foreshadowed as to the possible misunderstanding or possible misrepresentation - I stress possible - as to the full effect of the loan contract cannot remove the fact that the document was signed and registered and became the basis of the relationship between the parties.
12 If a claim based on misrepresentation or fraud or unconscientious dealing is to be litigated then so be it. But the law, as I understand it, is clear that a party that succeeds on such a claim will be required to give counter-restitution and to repay any benefit that was received in consequence of the transaction that he or she seeks to impugn. The rule stated by Walsh J is in one sense an aspect of that more fundamental principle.
13 Mr Cristian foreshadowed arguments based upon the nature of legal tender in this country. I do not consider those arguments have any merit. They certainly raise nothing relevant to the matter that is before this Court.
14 I propose that leave to appeal against the orders of Hidden J made on 15 November 2006 be refused and that the summons before this court be dismissed with costs.
15 HANDLEY AJA: I agree.
16 MASON P: That is the order of the court.
Latest Updates/Diary/News - The Cristian Family Court Case
All diary notes/comments/opinions are Arthur Cristian's.
1st October 2007
We decided not to pursue any further actions in the court of appeal. We did a search in the land titles office on the 10th August 2007 and the title deeds had been changed into the name of the new owners who turn out to be Currarong locals that we know. See http://www.loveforlife.com.au/files/Land Title Search 10th August 2007 cut and pasted from website.doc.
It took the courts and the bank around two months to change the records. They obviously had and will still have problems with this. From 14th June 2007 when Justice Nicholas told Pedro Alfaro and I that settlement had already occured within the last 24/48 hours, it took until sometime in early August for the land-titles office to confirm the new owners. Very interesting indeed. The crime syndicate just can't help itself.
In the near future we plan to serve documents on the new owners for CONVERSION and sue Macquare Bank and Perpetual Limited for the fraud and for the loses we have incured. There are many other things brewing which we will not divulge for now.
12th July 2007
Opponents Response was filed on the 12th July for the Court of Appeal. See copy attached in Plaintiff Documents under Equity Court - Cristian Opponent's Response.pdf
See: www.loveforlife.com.au/files/Cristian%20Opponent's%20Response.pdf
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16th June 2007
Email.
Hello Everyone
As expected,
On the 12th June 2007 bank solicitor Gary Koning applied to Justice Nicholas in the equity court to remove Pedro Alfaro's registered caveat and Justice Nicholas Ex-Parte* made the following orders (see the judgment/order http://www.loveforlife.com.au/node/509)
Note:
This all happened without Fiona Cristian's authority and without Pedro Alfaro's authority.
While Fiona Cristian was served a summons to appear before Justice Nicholas in the Equity Court to be challenged about her registered caveat (which was since removed by Justice Nicholas on the 8th June 2007), Pedro Alfaro was never served a summons to appear in court (even though he has a charge over the property which allowed him to register his caveat) and the judge Ex-Parte used the Real Property Act without Pedro's permission or awareness to make the Registrar General of the Land Title's office an Agent for Pedro Alfaro, allowing Perpetual Limited to remove Pedro's Caveat, without Pedro's knowledge or awareness etc.
Also, Pedro Alfaro is not a party to these court proceedings (Case Number 003072/2007 in the Supreme Court of New South Wales - Equity Division - Perpetual Limited, Formely known as Perpetual Trustees Australia Ltd vs Fiona Caroline Cristian), yet Gary Koning/Perpetual Limited and Justice Nicholas, used this case number 003072/2007 to deal with Pedro Alfaro and get his registered caveat removed.
When Pedro Alfaro went before Justice Nicholas on the 14th June 2007 around 3.00pm, after he discovered what Justice Nicholas had done in the Land Titles office same day, the judge admitted that he was aware Perpetual Limited was seeking settlement on the 15th June 2007, when he gave the orders without Pedro being summonsed. He also told Pedro that if he wants to challenge his order/judgment, that he needed to go away, make a summons etc and then file the summons, serve a copy of the summons on the other party and only then will he deal with this matter. That Pedro could do this same day and again go before Justice Nicholas late afternoon/early evening as he was the duty judge in the equity court. So in hindsight, it was ok for Perpetual Limited not to have a summons etc issued to Pedro but it is not ok for Pedro to challenge the Judge's order without a summons & without issuing a summons to Perpetual and bring them into court before justice Nicholas.
I was with Pedro in the land titles office 14th June 2007 when we discovered an order had been issued by the court 12th June 2007 and when he went before Justice Nicholas, also on the 12th June 2007. On the same same day, I filed the court of appeal documents 40381/07 to challenge the orders of Justice Nicholas, see http://www.loveforlife.com.au/node/630 for all documents.
To those who remember and or still have the email/letter I sent 13th June 2007 to Perpetual Limited's Real Estate agent Callala First National, I faxed and emailed the same letter to three solicitors of Perpetual, Gary Koning, Jacqueline Bruce and Gerard Thomas Breen. If Perpetuals real estate agents did not advice their committed buyer of Fiona's stolen home, that they were buying a property as CONVERSION*, they, the solicitors & Perpetual will be dragged into another series of court challenges, when Fiona Cristian sues the possibly innocent buyers (if they managed to purchase her home).
* EX PARTE.
1. Law. From or on one side only, with the other side absent or unrepresented: testified ex parte; an ex parte hearing.
2. From a one-sided or strongly biased point of view.
* CONVERSION.
Torts.
The unlawful turning or applying the personal goods of another to the use of the taker, or of some other person than the owner; or the unlawful destroying or altering their nature.
When a party takes away or wrongfully assumes the right to goods which belong to another, it will in general be sufficient evidence of a conversion but when the original taking was lawful, as when the party found the goods, and the detention only is illegal, it is absolutely necessary to make a demand of the goods, and there must be a refusal to deliver them before the conversion will be complete. The refusal by a servant to deliver the goods entrusted to him by his master is not evidence of a conversion by his master.
The tortious taking of property is, of itself, a conversion and any intermeddling with it, or any exercise of dominion over it, subversive of the dominion of the owner or the nature of the bailment if it be bailed, is evidence of a conversion.
In Equity.
The considering of one thing as changed into another; for example, land will be considered as converted into money and treated as such by a court of equity, when the owner has contracted to sell his estate, in which case, if he die before the conveyance, his executors and not his heirs will be entitled to the money. On the other hand, money is converted into land in a variety of ways as for example, when a man agrees to buy land and dies before he has received the conveyance, the money he was to pay for it will be considered as converted into lands, and descend to the heir.
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13th June 2007
The following letter was faxed and emailed 11.06am 13th June 2007. Confirmation of receipt of letter was given by reception (Alicia) at 11.09am 13th June 2007.
13th June 2007 10.50am
To: Brian Muller Natural Man and Joanne Hindmarch Natural Woman
and/or any other natural wo/man acting as an agent of, for, or acting on behalf of the fictitious "person" Callala First National Real Estate / Callala First National ABN (91 107 048 564 CALLALA REALTY PTY LTD 2540 Location) & ACN (NSW L2221239 RMVD CALLALA FIRST NATIONAL / NSW BN98110195 REGD CALLALA FIRST NATIONAL REAL ESTATE / CALLALA REALTY PTY LTD 107 048 564 REGD) and undisclosed buyer/s.
Notice to agent is notice to principal
Notice to principal is notice to agent
RE: Your alleged authority from fictitious person/s to sell 40 Warrain Crescent CURRARONG NSW 2576 Folio Identifier 54/755903 to undisclosed party.
Attention: Brian Muller and Joanne Hindmarch
We hereby give Notice that, in the next few days, Legal Proceedings will begin against Macquarie Mortgages Pty Ltd A.C.N 057 760 175, Perpetual Limited A.C.N 000 431 827 and/or any other natural wo/man acting as an agent of, for, or acting on behalf of the fictitious "person" for their non disclosure of material facts, fraudulent representations, malicious conspiracy to damage and other torts.
Further we give notice that proceedings for CONVERSION will be taken against any and all natural men, women or fictitious person/s or company which enters into any dealings with Perpetual Limited, Dibbs Abbott Stillman or any other disclosed or undisclosed parties in relation to the above property, as the property has been obtained by the following, but not limited to, non disclosure of material facts, fraudulent representations and fraudulent documents.
We advise that any and all natural men, women or fictitious person/s or companies should be immediately NOTIFIED and made aware of the above matters and of the Legal Proceedings in relation to the ownership of the Property. With all due respect to this matter, and our desire not to see any harm be caused upon all innocent natural wo/men and the parties negotiating to purchase this property without the consent of the lawful owners.
Should you continue to assist any other natural wo/man acting as an agent of, for, or acting on behalf of the fictitious "person" or the fictitious "person" Callala First National, Callala First National Real Estate, Callala Realty Pty Ltd, it will then be upon your proof of claim, under the full commercial liability of that party, that it was not the duty of care of any party that does assist in these commercial activities to inform all past, present and future prospective parties.
(2)
Default Consent Notice: Be it by this notice and by the tacit agreement of all parties entering into these commercial activities, should you or any other natural wo/man acting as an agent of, for, or acting on behalf of the fictitious "person" or the fictitious "person" Callala First National, Callala First National Real Estate, Callala Realty Pty Ltd, and/or the undisclosed Buyer, hereby do agree to be held liable under your/their full commercial liability as natural wo/man, as they have done so as natural wo/man of their own free will.
Full Disclosure Notice: We ask to be assisted in the investigation of this fraudulent matter by the provision of the full names and contact details of every natural wo/man who has trespassed, broken and entered, and stolen goods from the above property, so that we may begin legal proceedings against those we deem responsible for the fraudulent repossession and “sale” of this property.
This information needs to be provided before 12.00pm on 15th June 2007. This document will be filed in court, along with any other correspondence we find it necessary to enter into, as well as details of your response or lack thereof. You or any other natural wo/man acting as an agent of, for, or acting on behalf of the fictitious "person" or the fictitious "person" Callala First National, Callala First National Real Estate, Callala Realty Pty Ltd, and/or the undisclosed Buyer, hereby do agree to be held liable under your/their full commercial liability as natural wo/man, as they have done so as natural wo/man of their own free will.
This document, along with all the other documents relating to this case and any other cases related to this matter, will be posted on the Love For Life Campaign website www.loveforlife.com.au for viewing by the tens of thousands of natural flesh and blood men and women who are closely following this case via internet networks.
Yours Sincerely
………………………................ ……………………..........
FIONA CAROLINE CRISTIAN ARTHUR CRISTIAN
From: FIONA CAROLINE CRISTIAN AND ARTHUR CRISTIAN
PO Box 1320 Bowral NSW 2576
Mobile: 0418 203204
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12th June 2007
This is a copy of a quickly written email sent out to the mailing list, late this afternoon.
Hello Everyone
We were notified at 12.30pm today Tuesday 12th June 2007 that one of Fiona's many creditors, Pedro, used a charge over Fiona's home, which he received from Fiona last year, to successfully place a caveat on Fiona's home. The bank was seeking settlement at 2.00pm today but that has now been stopped.
I also received a phone call from Perpetual Limited solicitor Gary Koning around 1.30pm today saying he was going back into the Supreme Court at 2.00pm to get an order from a judge to remove the caveat, even though Pedro is not a party to any of the proceedings involving Fiona Cristian & Perpetual Limited. After telling Gary that I was already on my way home to Bowral, well outside Sydney, he insisted that I turn around and come to court at 2.00pm. I said no. He then asked for Pedro's phone number and I told him that I do not have it on me & that it was at home (without Pedro's permission, I would not give out his phone number anyway).
Apparently it turns out after receiving an updated copy of the Department of Lands Title Search & registration forms (see a copy of the Title Search etc in our website), Pedro has only provided his home address without phone numbers. My comprehension of due process is that a Judge must have Pedro in the courtroom to hear his side of things before making a lawful decision, which means a summons has to be served on Pedro before a hearing can commence. If the judge gives an order to remove Pedro's caveat without Pedro being summonsed to appear, he/she will be acting illegally, unlawfully & is committing a crime.
There are other creditors now looking at lodging a caveat after having received a charge over Fiona's home last year or earlier this year. The creditors are terribly concerned about the bank fraud being condoned by the judges and that their financial security has been terribly threatened. We have agreed with Fiona's creditors that they must take action ASAP to protect their security by putting a caveat over her home. We have agreed with the creditors that this is the best and only option available to reclaim their interests because both Perpetual Limited & "The Law" have currently made Fiona destitute by a) fraudulently, illegally and unlawfully taking possession of Fiona's home and trying to sell it, b) destroying Fiona's holiday rental income, c) seeking to bankrupt Fiona after conducting an Auction Fire sale for $665k.
On Fiona's behalf, I am shortly today, sending a fax and an email to the Banks appointed Real Estate Agent (see details below), warning them to advice the "supposed" innocent party that they are trying to buy stolen property and if successfully will be sued for conversion and dealing with stolen property. Out of this the real estate agent will be sued and then the banks solicitors etc. A nice chain reaction. If the Real Estate agent does not warn the other party, then he will be sued on various fronts as well. Our goal is to sue the locksmith, real estate agents etc for trespassing, breaking and enter and causing damages as well as being involved with fraud etc. If anyone has any professional/lawful ideas/suggestions etc, please advice urgently. We have other plans in place but can't discuss this over the net as yet.
Link to the banks auction/sale of Fiona's Home: http://search.premises.com.au/fnsearch/resdetail2.php?id=387126
Contact details:
Real Estate Agent: Brian Muller
Office: Callala First National
54 Boorawine Terrace
Callala Bay NSW, 2540
Ph: 02 4446 4313 or Mobile: 0413 404461
Email: culb...@shoalhaven.net.au
Office: Callala First National
54 Boorawine Terrace
Callala Bay NSW, 2540
Ph: 02 4446 4313
Al the best
Arthur Cristian
act...@loveforlife.com.au
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12th June 2007
Hello Again
Apparently Bank solicitor Gary Koning tracked down Pedro's home phone number and rang him this afternoon Tuesday June 12th 2007 and tried to intimidate Pedro with financial threats due to bank loses being incurred by Pedro's caveat. Pedro immediately fired back with his barrage of financial intimidations/threats.
Pedro told Gary that if any ex parte hearings-judgement orders occur to remove his caveat, he will sue the Judge, Gary Koning and his legal firm etc. Pedro, told Gary to never ring him again on this home phone number.
A bit later in the day Gary Koning rang a second time but Pedro was out and his son answered the phone and it seems Gary was being intimidating to Pedro's son.
So in retrospect, the phone call I received from Gary Koning around 1.30pm today, was a bluff (as I felt it was), and finally we have him and his legal firm Dibbs Abbott Stillman on the back foot. Over the next few days we will continue to push them further and further back on their back foot. After last Thursday's brief hearing before Justice Nicholas (who unfairly gave us only 22 hours to prepare our argument), I told Gary and Barrister Golledge (who were laughing at me & Pedro as they left the courtroom) "be prepared for what is coming down as you won't like it and in fact hate it".
All those 19 years of practising, putting out hundreds & hundreds of fires with my old demolished business (compliments of the ATO), has now come to the fore. It is amazing how life prepares you for your destiny without ever realizing exactly what you are preparing for. Fiona and I are enjoying this challenge. It is becoming fun for both of us particularly when seeing the best & most expensive high powered legal teams/firms in Sydney/Melbourne (with the support of the judges etc), squirming and getting angry, pissed off and upset etc. I told Gary Koning late last year that the fun and games have only just begun. He thought I was an idiot or a fool in saying this. What arrogance this man has. He did not know yet what he was up against. He sure does now.
I think the penny has finally dropped for Gary. He has realised that Fiona and I are not going away no matter what (unless they kill us) and no matter what they throw at us, we will keep adapting & adapting & adapting, while exploring new options, without ever losing focus of our prime objective (a pact - until death do us part), we will defeat the bank and bring them down to their knees and with them, the government & the law.
We knew this was a huge challenge and we have only just begun & have a very long way to go. Regardless how big each mountain is being presented for us to climb, we will climb it, until they are defeated. Every step of every climb upon every new mountain they throw at us, is another huge learning curve, but we follow our real feelings and act according to its guidance. The supply in guidance is inexhaustible, certain and constant.
We are always being replenished by new souls coming into our lives from one day or month to the next and it is this spiritual process, willingly allowed to be at play in our lives, that makes everything happen for us. Is it a gift? No, it isn't. Its just an attitude! How can we go wrong when we know this is true and we live it as being true and real. The miracle is happening because we are being the miracle and not separated from the miracle. Each step, each task is a willing chore and we have learnt not to hate the judges, the solicitors or the tasks etc. We see ourselves as the antibodies of real life community immunity, healing the diseased minds of "The Law" without ever begrudging the healing process. We are very grateful for the opportunity being given to us to help to heal so many lost souls in or of "The Law".
All the best
Arthur Cristian
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8th June 2007
Those who supported the destitute defendant Fiona Caroline Cristian since the Perpetual Limited actions started and are seeking to claim an interest in her family home to cover indebtedness need to register a $79.00 caveat by no later than 10.00am Tuesday 12th June 2007. See attachment for title deeds.
The Land Titles office is opposite the NSW Supreme Court Macquarie Street & Hyde Park. The bank seeks to settle by Tuesday 12th June 2.00pm with another innocent party (who we are trying to protect as stated to the judge) innocently buying stolen property, and who will become embroiled in our ongoing actions, by The Cristian family suing he/she/them and dragging them into the matter. I also put on notice off the record that the solicitors and barristers involved on behalf of Perpetual will also be sued, both in the private and in the commercial. The judge was told off the record that all judges & registrars will also be sued by the Cristian family. I think by now they can see that we are not going away and as time goes by, the tiny rock bound around their necks grows bigger and bigger by the month until the weight absorbs all their attention and the Cristian family has become a true nightmare for all of them. It is clear that we will also sue the prime minister John Howard in the private and in the commercial as he is fully aware of this case and has a duty of care issue to contend with amongst others.
8th June 2007
Arthur sent a fax to Chief Justice Young of the Equity Court (see PDF attachment under Equity) around 2.00am in the morning, spoke to his associate at 9.30am and arranged to see Justice Young in his court room on the 8th Floor Room 8A at 10.00am. While waiting for Justice Young in room 8A, four security guards arrived and then left after Arthur finished his hearing and left room 8A at 10.08am.
During the brief hearing Arthur said to Justice Young that it was not fair that we were given only 22 hours to prepare and that he was not prepared to argue this matter. That it was not fair what Justice Nicholas decided. Justice Young said he was in receipt of the facsimile and that it has been given to Justice Nicholas and that he does not interfere with other Judges as they all operate individually of each other and he will not get involved with their rulings. Arthur then went to the ninth floor room 9B to go before Justice Nicholas. The room was packed and Arthur waited outside until he was called in by the bailiff. The room was emptied by Justice Nicholas before the hearing started. (Note: All hearings in the court of appeal and equity were arranged so Arthur was either last on the list or the room was emptied of listeners. It is a definate act of the Supreme Court to stop others from being exposed to our hearings. Arthur took these actions as a great compliment.)
In the Equity Court before Justice Nicholas, a hearing that lasted around 1 hour, Justice Nicholas was told over and over again that all judgements by all judges in all courts are condoning fraud and protecting a multi billion dollar private corporation banking monolith and are terrorising a suburban housewife who was made destitute by the Macquarie-Perpetual monolith. Underneath the cool exterior of the judge, was a rattled man whose conscience was disturbed. Arthur felt this big-time. But not only the judge but also the female solicitor Jacqueline Bruce who took Gary Koning's place, was deeply disturbed and rattled. She had never been exposed to the truths and commitment being displayed by Fiona's Power of Attorney.
Arthur told the judge over and over again in various ways that the Cristian family was not going away and that we will be filing an injunction on Tuesday morning 9.00am and starting another proceeding in the Court of Appeal, while others who Fiona is indebted too, will be filing Caveats this coming Tuesday morning.
Arthur told the judge "The Law" is an organisation that is controlled & owned by the establishment and that only the establishment truly-really benefits from "The Law" and that "The Law' is not for community as the people do not benefit from "The Law". Arthur also told the Judge on a few occasions that Fiona had settled this matter and the mortgage was discharged with a generous registered, certified $2million dollar promissory note we gave them last year and which has never been returned to us since.
On a few occasions Justice Nicholas refused Arthur (even though Arthur insisted over & over again) to read for the record and on the record the 8th June 2007 Submission to the court by Fiona Cristian which Arthur was filing in the court. Juistice Nicholas read the submission and then said both the submission and the facsimle are filed and noted in the court files (See the 5 page submission Arthur filed under Equity) and will be revealed in the transcripts.
There is so much more to say about yesterday but we will wait until we upload the transcripts with all the other transcripts we have since uploaded in The Love For Life Campaign website. Oh, The Judge gave the orders to remove the caveat and he gave all costs to the plaintiff even though he asked Arthur what his position was about this, and to which Arthur said, in every hearing thus far in the supreme court, all costs always goes in favour to the multi-billion dollar banking monolith and never to the suburban housewife. He, the solicitors and barrister did not like hearing this comment. He gave all cost to the monolith.
The cogs of the wheels that turns the organisation of "The Law" keep turning because they are bound to "The Law' (the machine), or otherwise, are destroyed by "The Law" of the establishment. Through the eyes of the establishment the people (serfs-commoners) have no legal rights, in fact have no rights whatsoever.
All the best
Arthur Cristian
ps: All documents filed yesterday are located in the website under Equity Law
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9th June 2007
Yes, you are right Gary & we knew this but we are forcing them to drown in their own stupor over time. We are forcing them to beat themselves with their own law (their own stick), in their own way, in their own time.
The longer the case goes the more heart others will take on board, the more Australians will come to join with us in defeating the beast of hell known as Satan, otherwise known as "The Law".
A long time ago we made a conscious choice to stand right out into the open, like the sun is right out in the open, and force the darkness (those who are lost to this psychic feverish disease of the mind), to have to come right out into the open (out into the light), if they want to get at us. This then exposes them to the light, completely naked for all to see. This is the first stage of healing this most terrible psychic feverish disease of the mind.
So you see, its sort of like a cat and mouse game but the game goes on only inside their own minds and not with ours.
The fear is theirs and not ours. Just as Nelson Mandela and Alexander Solzenitzen grew in strength and were never broken while in prison for many years, the Cristian family also grows stronger & stronger by the day. The secret is not to buy into any of the fiction-fantasy word-stories (read the love for life flier page to get your head around this www.loveforlife.com.au/flier) while staying focused and determined to make right what has been made wrong for a very long time.
You see, we are the antibodies of a healthy immune system fighting back to heal those who are perpetually lost in the hell of this most terrible psychic feverish disease of the mind. Those of "The Law" meaning those who support, encourage, protect, nurture, honour, work in, work with or work for "The Law" are terribly ill and are lost to feverish word-story fiction-fantasies, and need to be rescued from the burning fire of hell, of Fantasyland.
By the Cristian family joining them in hell ("The Law" of the establishment), is actually the Cristian family reaching out to them (judges, solicitors, lawyers, barristers, registrars, attorneys, politicians, public servants, bureaucrats, banksters, internationalised private corporation directors & executives etc), to rescue them, to help them, to save themselves from the burning, intellectualised, feverish fires of Fantasyland (Hell).
Over time, the Cristian family court case becomes their baptism which is the second stage of healing these lost souls. Fictions, no matter in what form they appear, are only word-stories streaming out from fantasyland, no different to puss breaking through the surface of the skin to form a boil or pimple. In time we get to burst these toxic feverish ruptures and they are no more. What we are doing is forcing this feverish psychic disease of the mind to come right out of darkness and out into the open, like a boil, where we can help them to recognise their insanity and help to heal themselves of their insane folly. The more people join with us the quicker we can force this toxic feverish disease of the mind to come to the surface where they can be healed.
The Cristian family goal/plan of action, is to cause those of "The Law", to flee "The Law" (The Disease), and in the process, bring the establishment down to their knees seeking the peoples mercy. Remember, this is a healing exercise (an act of love) even though the carriers of this most terrible psychic feverish word-story disease of the mind are thinking and acting as if they are at war with us, because we of the light, are their perceived enemies. They are just deluded because they are terribly sick in the mind. It is important that we don't allow ourselves to become infected by their disease as it is highly infectious.
Symptoms of this disease are known as arrogance, ignorance, fear, secrets, lies, greed, selfishness, uncertainty, righteousness, collusion, corruption, anger, despair, loneliness, emptiness, isolation, delusion, hatred, hopelessness, fantasies, loss of empathy, distrust, etc, etc. If you know of anyone who has these e-motional symptoms, they are in need of urgent healing, otherwise the e-motional vortex sucks them further and further into its out of control spiralling void of Hell (word-story fantasyland).
Arthur Cristian
This says it is a "computer folio certificate" - it sure ain't a Title Deed or more specifically A Deed of Title or The Deed of Grant (from The Monarch on The Throne). You are "fighting" over a "fiction" or "fraud"/ "counterfeit".
Regards,
Gary
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7th June 2007
We have now created both a Plaintiff and a Defendant Equity Court page in the Love For Life NSW Supreme Court Case.
7th June 2007 between 11.00am & 12.30pm Arthur saw Justice Nicholas - Equity Court - Room 9B - 9th Floor NSW Supreme Court - Queens Square - Macquarie Street - Sydney. It was agreed that a hearing be made for 10.00am Friday 8th June. He said nothing in the submission Arthur filed today would pusuade him to stop the plaintiff Perpetual Limited from removing the caveat we registered on Fiona's home 31st May 2007. He said you better have a convincing argument (something like this) tomorrow because the settlement of house is planned for Tuesday 12th June 2007. He also suggested looking at two NSW Supreme Court Cases (precedents) 1. Dunecar Pty Ltd (in Liq) v Colbron [2001] NSWSC 1181 (11th December 2001) and 2. 70 Pitt Street Sydney v McGurk [2004] NSWSC 413 (10th May 2004). You can read the email correspondence from plaintiff solicitors and all the documents filed thus far in the Equity Court in this website under NSW Supreme Court Case - Plaintiff Documents or Defendant Documents under Equirt Court. The two NSW Supreme Court Precedents are also attached under Plaintiff Documents (as they provided printed copies to Arthur today).
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4th June 2007
We filed a caveat on Fiona's home Thursday 31st May 2007 and emailed a copy of the registered caveat on the Title Deed to Perpetual Limited (PL) solicitors on Friday 1st June 2007. We then received a reply from PL solictors 4th May 2007. You can see these documents by following these links
http://www.loveforlife.com.au/node/35 and go to bottom and see LtrCristian Caveat 04-06-2007.pdf & Title Deed 31st May 2007 .pdf. We will be responding to PL letter by Wednesday 6th May 2007. The bank says they sold the house and seek a settlement date on the 12th June 2007. We were told the house was sold in a fire sale at auction for $665k on Saturday 12th May 2007. We have every intention of stopping the bank from selling Fiona's home.
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2nd April 2007
Below is a copy of the 2nd April 2007 court of appeal judgment transcript. I went before President Mason and Justice Handley. I will get a copy of the court/hearing transcript ASAP and post it in this website. They rejected our leave to appeal and the bank now has the clear-way to sell Fiona's family home. I have now attached all the Judeo-Judaic documents we filed in the court of appeal white folder 1. Summary of Claimants Argument 2. Claimants Reply.
The judges decision was scripted/made before our hearing. They had their law book already marked out with a precedent (see judgment transcript below) to validate their scripted decision. They were only interested in sussing out what we know and allowed Arthur to talk well beyond the rules of 20 minutes. Arthur knew this and was happy to accommodate. Arthur talked for nearly 1 hour.
The Arrogance of the Judeo-Judaic Law is what we keep coming up against. They can't afford to admit or concede that there is a fault with their Law. The slightest crack in their wall and the whole wall will collapse. Even with the failure of the 8 points of contract law which determines a valid contract, the Judges ignored our legal rights. I went over the Credit River case, how Australia was bankrupted and the gold standard was removed, how we had unarguable proof how banks create money (legal tender-fiat) out of thin air-on their books etc etc. This is what they did not want to see happen/reactivated in the common law court with our case. They now know I can argue against their best barristers and beat them.
They were offering an olive leaf inducement by suggesting we could claim damages. In the meantime they are determined to sell Fiona's home and an Auction sign for May 2007 has been erected outside the house. Well, now we are off to the High Court while we launch the Psychic Reign Music and begin to market it.
JUDGMENT TRANSCRIPT - 2nd APRIL 2007
IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL
CA 40839/06
MASON P
HANDLEY AJA
Monday 2 April 2007
FIONA CAROLINE CRISTIAN v PERPETUAL LIMITED, FORMERLY KNOWN AS PERPETUAL TRUSTEE AUSTRALIA LIMITED, (ACN 000431827)
JUDGMENT
1 MASON P: We have heard fuller than usual argument in support of an application for leave to appeal. The argument has been presented in written form and through the oral submissions of Mr Cristian, who is the husband of the claimant and has spoken on her behalf.
2 The matter before the court today is whether to grant leave to appeal against the orders pronounced by Hidden J on 15 November 2006. His Honour ordered that the defendant give the plaintiff possession of certain land and that the plaintiff have leave to issue a writ of possession. He made an order for costs. He directed that the matter be listed for further directions before the Registrar for the outstanding matters that were to be addressed in the proceedings.
3 In his reasons Hidden J stated that,
“The simple fact is that a loan contract was entered into for a certain amount of principal at a certain interest rate. The mortgage was signed consistent with that loan contract and to secure repayment of the loan with interest. It is common ground that there has been default in that no payment has ever been made, and in those circumstances, the plaintiff is entitled to summary judgment for possession.”
4 It was clear to his Honour, as it is clear to me, that the claimant wants to agitate a wide ranging set of issues against the opponent and, it would appear, third parties, including the broker/agent who was involved in the transaction.
5 Mr Cristian has made allegations of fraud, unconscionable dealing and misrepresentation. Some of these appear to be foreshadowed in the document called, First Cross-Claim Cross-Summons, dated 30 October 2006 that was before Hidden J. Other matters were foreshadowed in affidavits that were read before his Honour and no doubt in the submissions put to his Honour.
6 It is not disputed that a mortgage was signed and registered. It is not disputed that various formalities under the Conveyancing Act 1919 concerning the exercise of the mortgagee’s rights were complied with. It is not disputed that the mortgagee paid money and arranged for the discharge of an existing mortgage over the subject property.
7 In Inglis v Commonwealth Trading Bank of Australia (1972) 126 CLR 161 at 164-5, Walsh J gave a judgment which received the approval of the High Court on appeal (see 126 CLR at 168-9). His Honour said this:
“In my opinion, the authorities which I have been able to examine establish that for the purpose of the application of the general rule to which I have referred, nothing short of actual payment is regarded as sufficient to extinguish a mortgage debt. If the debt has not been actually paid, the Court will not, at any rate as a general rule, interfere to deprive the mortgagee of the benefit of his security, except upon terms that an equivalent safeguard is provided to him, by means of the plaintiff bringing in an amount sufficient to meet what is claimed by the mortgagee to be due.
The benefit of having a security for a debt would be greatly diminished if the fact that a debtor has raised claims for damages against the mortgagee were allowed to prevent any enforcement of the security until after the litigation of those claims had been completed.”
8 Mr Justice Walsh did not state an absolute rule and one cannot overlook that fact. Nevertheless, I see nothing on what has been put to us today or was put before Hidden J to take the case outside of the general principle.
9 Mr Cristian has indicated that various claims are intended to be brought, presumably in what remains of the present proceedings in the Common Law Division. The order and judgment of Hidden J does not prevent those matters being litigated in the Supreme Court.
10 In my view, his Honour would have been in error if he had not granted summary judgment for possession in the circumstances here prevailing.
11 The dispute that is foreshadowed as to the possible misunderstanding or possible misrepresentation - I stress possible - as to the full effect of the loan contract cannot remove the fact that the document was signed and registered and became the basis of the relationship between the parties.
12 If a claim based on misrepresentation or fraud or unconscientious dealing is to be litigated then so be it. But the law, as I understand it, is clear that a party that succeeds on such a claim will be required to give counter-restitution and to repay any benefit that was received in consequence of the transaction that he or she seeks to impugn. The rule stated by Walsh J is in one sense an aspect of that more fundamental principle.
13 Mr Cristian foreshadowed arguments based upon the nature of legal tender in this country. I do not consider those arguments have any merit. They certainly raise nothing relevant to the matter that is before this Court.
14 I propose that leave to appeal against the orders of Hidden J made on 15 November 2006 be refused and that the summons before this court be dismissed with costs.
15 HANDLEY AJA: I agree.
16 MASON P: That is the order of the court.
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30th March 2007
Our next hearing is at 10.15am at the NSW Supreme Court of Appeal, Queens Square, Macquarie Street, opposite Hyde Park and the Land Titles Office. Is this D-Day?
Arthur Cristian
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29th March 2007
----- Original Message -----
From: jhwilson
To: jhwilson at acay.com.au
Cc: enquiries at hcourt.gov.au
Sent: Wednesday, March 28, 2007 3:59 PM
Subject: "irreversible trend to reduce the use of juries" - High Court Chief Justice
Dear Fellow Australians,
Attached is last night's ABC "Law Report" interview with Murray Gleeson, the Chief Justice of the Australian High Court. He says that it is "irreversible" that Juries will disappear....and, typical of the scheming and treacherous nature of the creature, he offers the consolation that, "I think it's important that the courts use those public information officers to make people more aware of the way justice is administered. Because the disappearance of civil juries is removing an important level of contact that we used to have with the public.".
No, Mr Gleeson, it's not the Juries that are going to disappear.....it's the corrupt and traitorous Judges that are going to be disappearing, right into jail. Your days of denying us our inalienable, constitutional, and inherited Right to Trial by Jury, in any action and in any court, are numbered in the Book of Life. The current Indictment against Michael Frederick Adams of the NSW Supreme Court, is just the beginning.
The best course for you to adopt is to confess that you are as guilty as the rest of your colleagues and that you will do everything in your power to see that this "the glory of English law" (Blackstone) is fully implemented in all Australian courts. But somehow, I don't think you'll do that. Somehow, I think you are "irreversible" and just another of those "evil counsellors, judges and ministers" (Bill of Rights 1688).
Yours sincerely,
John Wilson.
http://www.rightsandwrong.com.au
See transcript of Chief Justice Murray Gleeson - High Court Of Australia - on our Love For Life Home Page.
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22nd March 2007 - 6.02pm
----- Original Message -----
From: "thepremier"
To:
Sent: Thursday, March 22, 2007 6:02 PM
Subject: AA07/06910 - The NSW Supreme Court
AA07/06910 - CABSEC
Dear Mr and Ms Cristian
The Premier has received your recent email concerning judicial officers of the NSW Supreme Court and your comments have been noted.
Yours sincerely
Jocelyn Mouawad
Assistant Private Secretary
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16th March 2007 - 4.30pm
I spoke with Gail Mitchell 4.30pm this arvo who works for the NSW Attorney General. She says that the NSW Attorney General will not get involved in civil matters like fraud including accusations of fraud condoned by NSW Supreme Court judges. She also acknowledged receipt of lots of correspondence about us and our case. I am assuming it is all the emails we put out to all NSW Labour and Liberal ministers and representatives last weekend.
(Note: Since when has fraud become a civil matter particularly with banks and judges conding the fraud? These private corporations sure know how to fob off anyone conveniently. They just will not accept any responsibility for the citizens they are supposed to look after as their public servants. The Attorney General covers Law and including Judges, they are all supposed to be public servants, to help protect and support all citizens. This arrogance has them show up as our public masters. See letter (in our website under home page) from Dr Evan Jones - Sydney University to ACCC - 28th February 2007. He covers many cases of terrible bank fraud being condoned by supreme court judges.)
----- Original Message -----
From: director_lcsd at agd.nsw.gov.au
To: Arthur Cristian
Sent: Thursday, March 15, 2007 4:40 PM
Subject: Your correspondence
Mr A Cristian
Our Ref: S165421
Gail Mitchell
(02) 9228 8104
Dear Mr Cristian
The Attorney General has asked me to acknowledge receipt of your email advising that you have initiated certain legal proceedings. As you are involved in litigation it would not be appropriate to make any comment about your claims.
Yours faithfully
for Director General
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All the best
Arthur & Fiona Cristian
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12th March 2007
We had another interesting day in the court of appeal today.
It all started when the court of appeal Justice David Hargraves Hodgson indicated that they may not want me to act as Fiona's power of attorney. I said I would fight this to your/their bitter end. Said I have written to all ministers around Australia Federal & State and they are now all aware of our court case. Said that Fiona and I no longer trust "The Law" and went on the attack about how bank fraud was being condoned by the NSW judiciary and stated Dr Evan Jones, Political Economics, Sydney University had documented evidence of many bank frauds condoned by the Supreme Court Judiciary around Australia, as unarguable evidence, that vindicates our stance.
Told the judge that even our own solicitors were protecting the bank and we had to drop them.
Barrister Golledge and I briefly recovered the ground of Justice Peter Hidden making the order for the writ of possession. I argued that he erred in his decision on the grounds that the cross claim was not determined, that the contract and mortgage had not been determined either, that he did not read the evidence the defendant filed which proves the bank conducted fraud. I then read out Part B of the Summary of Argument, just the main points of argument about justice Hidden.
I also, Mentioned Barrister Golledge had lied about the cross claim to Justice Beazley 22nd December 2007. He said he knew nothing about the cross claim. That he did not know that it existed and yet he received a copy filed in court 30th October 2006 and even talked about it as noted in the transcripts.
Justice Hodgson mentioned why there was no reasons for judgment. I explained that I spoke with various registrars and court admin staff over and over again to find me the reasons but they couldn't. Golledge said that he had a copy of the reasons and would email them to me. Justice Hodgson found this unusual and so did I.
Judge Hodgson now wants the cross claim & affidavits filed into the court of appeal white folders by this Friday.
He said the following.
I direct that within 7 days the white Book (folders) be added to so as to include the reasons for judgment of Hidden J, the affidavits relied on by both sides below, and also the cross-claim on which the claimant wishes to rely.
I direct that the opponent's response be put on within 14 days.
The matter is to be dealt with as an application for leave only.
I expedite the hearing of the application for leave to appeal.
The costs of today's application will be cost's in the application for leave.
If no objection is to be taken to Mr Cristian representing the claimant at the hearing of the application for leave, notice is to be given within 7 days.
I direct that the matter go into the next Registrar's call-over.
Bank solicitor and barrister walked away pale/grey looking. They are worried about this case, of the unexpected. The Law wants to control the hearing and seek their own lawyers/barristers etc to represent us. Being a self litigant puts everything outside their control and we are causing more headaches, hassles, frustrations for them because we are not following their rulings (not knowing or possibly forgetting this paperwork or that, leading to more delays as well).
We now ask for many volunteers/witnesses to be present at our next court of appeal hearing in around 14 days or so. I will notify of this date once we find out. It would be great if we had 30+ supporters turn up. Also are there any extra volunteers to help with picketing outside Macquarie Bank buildings and possibly the Supreme Court shortly?
All the best
Arthur Cristian
Love For Life Campaign
action @ loveforlife.com.au
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9th March 2007
This email was sent to all State and Federal Politicians in NSW, Labour & Liberal.
This Southern Highlands family is about to lose everything just for standing up for the truth.
(photo of The Cristian family)
To all NSW public servants.
Just for simply standing up for the moral principles of upholding truth and not being willing to accept or condone a lie (fraud), the Cristian family is now about to lose everything we own and will also be forced into bankruptcy and become destitute. What has been endured by the Cristian family should never have happened and the Cristian family is determined to stop this madness from ever happening again to another Australian family, hence the website www.loveforlife.com.au, the Love For Life Campaign and the booklet Corporation Australia (see attachment). Our website and particularly Corporation Australia documents the psychotic madness of Australia's current political, economic and judicial systems gone completely crazy and out of control. Are we now living amongst Australians endowed with empathy, compassion, love and service for all Australians or are we dealing with robots bound to bureaucracy and its ridiculous paper work and The Statute Law?
Just who are our Australian Public Servants working for? The answer can simply be found in who is benefiting from the decisions that have been enforced upon the Cristian Family and the unwillingness of government/consumer bodies to help them regardless of reasons. Does the multi transnational billion dollar banking private corporation monolith Macquarie Bank or a suburban housewife/family benefit? Here lies your answer!
We might be wrong but the way things are unfolding, ACCC, ASIC and Fair Trading, all private corporations, will be unable to help us leaving us with no government support and at the mercy of Private Corporations and its Statute Laws. Private Corporations (Commonwealth of Australia, NSW State Government, all Govt depts, Supreme Court and Local Councils, have already clearly indicated that we do not count, are nothing, are shitting on us and are determined to see us be destitute.
Is this what Australia is all about? Is this what your job is all about?
These questions and our circumstances need to be urgently put before every politician, bureaucrat and public servant in this country because whatever they are doing in their very busy schedules, thousands and thousands of Australian families are being destroyed every year, just like the Cristian family. What is every politician, bureaucrat and public servant working so hard for if not to protect Australian citizens and their families? With tens of millions of dollars in Australian aid and hundreds of millions of dollars in profits all going overseas every year why is it that our politicians, bureaucrats and public servants are unable to solve such simple problems like the one the Cristian family has faced with Macquarie Bank in Australia? Read our booklet Corporation Australia (7th draft attached) for some of the answers.
As you can see our country is in a very deep crisis and it is people like you that are contributing to this problem. Lets face it and be very clear and honest, every day you wake up to go to work, you are not working for the best interests of Australian citizens and their families but for Private Corporations. If Australian politicians, bureaucrats and public servants truly care for Australians then DO SOMETHING ABOUT IT RIGHT NOW. Get all your work mates together and go on strike. Spread the news and as one of many options, come on the first Love For Life Walk, Easter Saturday April 7th 2007 12 noon William Street Hyde Park corner of College Street before this denial of love comes knocking on your door, and it will, sooner or later.
Regards
Arthur and Fiona Cristian
Email: action @ loveforlife.com.au
Mail: PO Box 1320 Bowral 2576 NSW Australia
Mobile: 0418 203204
6th March 2007
This is what we stated in the body of the emails we have been sending out since yesterday. Hello .......... The information in this email will help .......... immensely. Please take the time to study and learn how The English Law (Language) really works.
This email has been sent to all Australian Federal and State Ministers, Senators & house of Representatives today. We are an Australian family who have had enough of Judeo Judaic Corruption (not Jewish) in Australia and are doing something about it. To learn what happened which caused us to challenge the corruption, see our website www.loveforlife.com.au.
6th March 2007
To James Jacob Spiegelman chief justice NSW Supreme Court, Justice Peter John Hidden, Justice Margaret Joan Beazley, Justice Carolyn Chalmers Simpson, Justice Robert Calder McDougall and Registrar Howe. Hello also to ALL other judicial officers around Australia including politicians of both State and Federal Government departments.
Dear James Jacob Spiegelman, Documents damaging to you and to your judges of the NSW Supreme Court were filed yesterday 5th March 2007. In fact the contents of this email will send reverberations throughout all political & judicial circles in Australia.
In sequence read
1. Summary of claimants argument Coverpage for Part A and B
2. Summary of Claimants Argument Part A
3. Summary of Claimants Argument Part B
The information contained in this email as well as the contents below are now being distributed to all Federal and State Government ministers, senators, representatives and various other public servants/bureaucrats. As of Thursday morning 8th March 2007 an intensive email campaign from 30 strategic locations throughout Australia will begin targeting Australian citizens and the media 24/7 until we have achieved our goals.
Before you read the following and to appreciate its full merits (power) we suggest firstly reading the three attachments. You will then begin to see how the threads are being pulled, causing the veils of darkness to finally fall, allowing the light to shine through once again.
ONE
It has been announced by the authorities of Fiji and Vanuatu that they will arrest upon arrival any representative of the Australian or New Zealand Legal Profession or Politician that attempts to enter their country. Timor-Leste (East Timor) is also objecting to Australian Legal intervention in their country. It is rumoured that Papua New Guinea is also not satisfied with Australian legal & political intervention in their affairs.
TWO
Sir John Kerr and Sir Anthony Mason have been shown to be traitors against the Australian residents, and saboteurs against surrounding islands and countries as well as Asia, where they spread their evil legal propaganda backed by the CIA, against the interest of everyone concerned.
Sir John Kerr and Sir Anthony Mason illegally borrowed millions and millions of dollars from the CIA without the knowledge of Australian voters, bypassing and overriding and ignoring all legal procedures, as well as the Australian Federal Government and State Governments. Certain members of both State and Federal governments had been cooperating clandestinely behind the scenes. This illegally obtained money was used to set up a terrorist organisation. This evil concern was given the appropriate name Lawasia and its offices still exists in key places of the Australian Legal System, located all around Australia.
Sir Anthony Mason was challenged on this point and resigned immediately. This legal profession corruption was also set up at surrounding islands of Australia and in Asia. This revelation can be verified by simply acquiring the book called Matters for Judgment in Australia by Sir John Kerr, who admits therein that he and Sir Anthony Mason had been guilty of swindling the Australian voters by getting vast amounts of CIA money in the name of the residents of Australia without their knowledge or permission. This illegal and illicit transfer of such large funds from the CIA to Sir John Kerr & Sir Anthony Mason's controlling conjunction with Lawasia clearly demonstrates that the Commonwealth Bank of Australia and other banks were participating accessories to this evil misconduct and traitorous behaviour to the Australian residents who naively trusted the legal authorities that rule over them in this manner.
This conduct is typical of all the Courts of Australia particularly the judges, registrars, barrister, solicitors and lawyers we have dealt with thus far in our court case and this is why we are unable to trust them with our court case.
THREE
Mr James Jacob Spigelman of the Supreme Court of New South Wales has been reported by a Ms Florence Vorhauver of Tamworth NSW, to having condoned hideous activism wielded by the police, the legal fraternity and members of Tamworth Council upon her and her family. Ms Vorhauver was arrested by the police, bashed up and her real estate properties were confiscated by Tamworth Council. There is ample evidence that proves that she was mentally tortured to ruin her family, that they even bashed up her retarded son and her invalid daughter. Photos and videos are available for those concerned. Ms Vorhauver was imprisoned on falsehood and later released by solicitors on a pro bono scheme. The legal system assisted the Tamworth Council authorities and Mr James Jacob Spiegelman has condoned all these atrocities upon an Australian citizen and her family.
Again the brief information provided in this email IS only the tip of the iceberg we have available.
Extrajudicial retaliation is on the books and there is more coming and the only recourse you have is the immediate tender of amends we have already stated in our court of appeal documents filed yesterday 5th March 2007 (see Summary of claimants argument Coverpage for Part A and B).
Arthur & Fiona Cristian
Love For Life Campaign
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5th March 2007
We filed Court of Appeal documents in the Supreme Court