Ross Delahunty is a suburban solicitor. He and his wife were having a house built in Brighton in 1989. They ran foul of the builder who didn't construct the house as they expected him to do. The builder held a significant position in the Housing Industry Association (HIA).
Delahunty became involved in arbitration with the builder and the outcome was far from satisfactory. He contacted the Department of Consumer Affairs and, through examination of comparable arbitrations, was able to show that the arbitration process was biased. The builder typically came out on top. Moreover, Delahunty claims that he was able to show how the bias was established.
Delahunty subsequently made application to the Housing Guarantee Fund (HGF) Ltd for restitution for faulty workmanship. This was a novel situation for the building industry and Delahunty found that he was not only fighting the HGF but also fighting the HIA. The builder was a director of both the HIA and of the HGF. Both the HIA and the HGF banked with the NAB.
Delahunty's photo appeared on the front page of the Melbourne Herald Sun Property Guide in early March 1993 with quotation from Alan Fels condemning shoddy builders.
The following Tuesday the NAB initiated the calling up of his loan. Delahunty suspected that any or all of the builder, the HIA or the HGF had instigated such action by using their influence with NAB, given the millions of dollars held by the NAB on behalf of both organisations.
Delahunty endeavoured to get another loan through seven other financial institutions. None of those attempts succeeded. None rang back as Delahunty had to declare that the NAB had called up his mortgage. Delahunty subsequently obtained a loan privately but the NAB refused to negotiate the payout of the mortgage.
In a Supreme Court action (No.5831) the NAB got summary judgment against Ross Delahunty for possession of his half share of the family home. Such summary judgment was not obtained against his wife. The matter against Mrs Delahunty went to trial. At mediation there was a proposal for settlement. This fell through, as the Delahuntys were informed by processing staff, because of the intervention by a senior NAB officer, a Mr Copsy. There was a proposal in mediation that Mrs Delahunty might pay out her husband's share and keep her own. Mr Copsy apparently said no to the NAB solicitors on the grounds that the Delahuntys hadn't paid rent nor had they serviced the loan since it was called up.
Ultimately the bank obtained judgment for possession and sold the Delahuntys' home for $505,000 in August 1997. The house subsequently resold in 2001 for $821,000. Although the bank claimed that it was owed over $900,000 it did not sue the Delahuntys to recover such monies. It only sought possession of their home.
The bank tried to bankrupt Mr Delahunty on three attempts but failed, due to procedural incompetence. It then took Mr Delahunty to court again and sued on the debt (No.6735). However the bank would never tell Delahunty what the residual debt was. No documentation was produced disclosing the presumed debt. Delahunty went back three times seeking further discovery in Supreme Court interlocutory proceedings. On two occasions the bank produced further affidavits showing extra material that hadn't been provided previously in either of the court cases. After about six efforts at discovery, the bank had not produced the documents that Delahunty sought.
At about the seventh attempt, Delahunty requested certain specific documents that he knew that the bank had but still refused to provide, especially in relation to the quantum of debt. The bank then withdrew from the proceedings instead of providing such information.
The debt to the bank before the conflict escalated was about $210,000. It was purely a business debt secured on investment assets which had subsequently been sold after request from the bank. However, the bank wrongly claimed that money (against which there was now no security) was still owing. There was also an overdraft of $15,000 which had arbitrarily been reduced by the bank from $30,000.
The only borrower was Mr Delahunty. However, the debt was secured against the house in the joint names of Mr & Mrs Delahunty which had earlier been valued at about $600,000 by the bank. However, after that Tuesday when the proceedings were initiated, the bank sent out an agent who did a kerbside valuation and he valued the property at just over $300,000. That was the trigger that gave the bank the credibility to take action and make demand.
Without servicing of the mortgage and with interest of 24% (6% higher than the normal rate) the total debt was approximately $450,000 and the bank sold the house for $505,000. The NAB wrote off the debt to $1 (although how much debt was written off is unknown), whereas the ‘red ink’ statements showed the continuation of the debt and the accumulation of charges. Delahunty claims that there was no evidence that the bank wrote back the proceeds of sale against the tax write offs. Delahunty was advised that the NAB also claimed on its mortgage guarantee insurance. This case was never going to involve a bad debt unless the arbitrary kerbside valuation of $300,000 was taken as legitimate.
The NAB had no continuity of bank statements. There was no linking of separate accounts. Investment loans became home loans and some statements showed $600,000 to $700,000 debt while others showed $300,000. Delahunty persuaded the Master in the Supreme Court of the necessity for the continuity of bank statements to be produced but at that stage the bank withdrew its legal proceedings and paid Delahunty's legal costs instead of providing its modus operandi in dealing with the Delahunty account.
The Delahuntys no longer owe the NAB any money. Whether the bank owes the Delahuntys any money has never been determined because no proper accounting of the proceeds of sale has ever taken place. A proper accounting would have only occurred if another mammoth court case had been instigated by the Delahuntys. After ten years of litigation, that did not seem to be a viable option
------------------------------
13. The NAB ‘red ink’ statements are comparable to the ‘shadow ledger’ statements of the Commonwealth Bank.
Note: Updated Wednesday 17th June 2009 8.00pm Sydney Time. Love For Life does not support harm doing in any shape or form. However, we are supporters of free speech and post articles, documentaries, etc, that represent a wide cross section of ideas. See the Love For Life extensive research library where over 6000 documents, articles and videos are posted: http://loveforlife.com.au/issues. We clearly see the evidence of the destruction to MAN and the earth that has been caused by ALL religions over the centuries and are therefore not supporters of religions, cults, sects or any group that demands conformity of thought, speech or action, or has rules, regulations or rituals that must be followed. Religions, nationalities and cultural "identities" are formed as a result of the brainwashing we receive from childhood. They are part of the tactics the Establishment uses to keep us all divided from one another and fighting one another.
All religions promote discrimination and division, leading to hatred and even violence and murder. None of them have yet to produce a remedy to all the suffering, poverty, unhappiness and discrimination in the world. If any religion truly had the remedy to all the suffering on earth, there would no longer be any suffering. What have Christianity, Islam, Buddhism, Hinduism, Judaism, atheism and the New Age done to end the suffering in the world?
The Love For Life website has information from all sides on many subjects, whether about Islam, Judaism, Christianity, Law, health, psychology, mind control, vaccination, aspartame, MSG, Chemtrails etc. There are over 6000 articles, documentaries etc on the website and they are so diverse that we are sure that everyone would be able to find something they loved and something they hated, if they took the time to search. If we removed all the articles hated by everyone, there would probably be nothing left! We are not anti anyone but freedom of speech is freedom of speech and no one should condemn the work of another without taking the time to research the subject themselves. Yes, there are articles by those who have a less-than-rosy-viewpoint of Judaism, but there are also articles on the dark side of Tibetan Buddhism (and it is very dark) for those who are interested in the truth: Tibet - Buddhism - Dalai Lama: http://loveforlife.com.au/node/6271 Should the authors of these articles be abused and imprisoned for daring to challenge the widely conceived reputation of Buddhism as being the religion of peace and love and that of the Dalai Lama as a saint, or should those interested be allowed to study the work and come to their own conclusions? The same applies to all the articles, documentaries, etc, about Christianity, Islam, Freemasonry, New World Order, etc.
The Love for Life website also shows how the Rule of Law, the Bar, the Government, the Monarchy, the system of commerce, the local, national and multi/trans-national private corporations, all the courses and careers on offer from our universities, all the educators, scientists, academics and experts, the aristocrats and the Establishment bloodlines have also done NOTHING to end the suffering in the world. The website maps the insanity of a world where there is no help for those in need, just as there was no help available for us when we were victims of terrible bank fraud: http://loveforlife.com.au/court_case (orchestrated, condoned and protected by an international crime syndicate/terrorist organisation of judges, barristers, registrars, lawyers, politicians, banksters, big business representatives, media moguls and other lackeys who, all together, put up a wall of silence despite our trying many, many avenues. After the family home was stolen and business destroyed we were left close to poverty and destitution caring for 4 young daughters. Three years later not much has changed regardless of all our efforts. Where were all the followers of all the religions to help us? Or do we have to be members of those religions to receive help from others involved in them?
We have been accused of being anti - Jewish because we had posted an excerpt from James von Brun's book: Kill the Best Gentiles! http://loveforlife.com.au/node/6054 in which he blames Jews for the problems of the world. Obviously this is not our view because of what we have stated above. We do not hate anyone, whatever religion they follow. We are always open to talk to any religious leader or politician and meet with any judge, member of the Bar, experts, academics, educators etc to share the remedy we offer that heals all the divisions between MAN and MAN, and MAN and the EARTH.
Today, a representative of the New South Wales Jewish Board of Deputies is threatening to close the website down, because they have decided it is anti - Jewish and that we promote racism. What has the New South Wales Jewish Board of Deputies done to end the suffering in the world? Can they show that they are concerned with the suffering of ALL men, women and children AND ARE SEEN TO BE DOING SOMETHING ABOUT IT or are they only concerned with Jewish affairs? If so, they, along with all the other religions that only care for their own, are part of the problem, not part of the solution. The man who rang Arthur today was only concerned with Jewish affairs; he was not interested in our intentions or in anybody else, just as most Christians, Muslims, Sikhs, Catholics, etc, are only interested in their own. While we separate ourselves into groups, dividing ourselves from others with rules, regulations, rituals, procedures and conditions, we will never solve our problems.
No matter what we in the Western World Civilisation of Commerce have been promised by our politicians, religious leaders, scientists, educators, philosophers, etc, for the past two hundred years, all we have seen is ever-increasing destruction of men, women and children and the earth. None of the so-called experts and leaders we have been taught to rely on are coming up with a solution and none of them are taking full-responsibility for the fact that they can't handle the problem. All religious books talk about end times full of destruction and suffering but why do we have to follow this program when there is an alternative to hatred, mayhem and death? Why are our leaders following the program of destruction and death rather than exploring the alternatives? It seems that any mainstream politician, priest or academic are only interested in supporting the RULES OF THE DIVIDE, that maintain the haves and the have nots. For 200+ years, 99% of the world population have been so trained to pass on their responsibility for themselves, others and the earth, that the 1% of the population that make up the leaders of the rest of us are making all the decisions leading to the destruction of all of us and the earth. Let's not forget the education system that brainwashes the 99% of the population that we are free and have equal rights while, in fact, we are feathering the nests of those at the top.
At the root of all our problems is self-centredness, an unwillingness nurtured by the Establishment that keeps us concerned only with our own needs rather than the needs of others around us and the Earth. Instead of creating and releasing acts of love for those around us as gifts to benefit them and the earth, we take, take and take, until there is nothing left. The whole point of the Love for Life website is to show people the root of all our problems and to share the remedy. The extensive research library is there to attract browsers and to provide access to information not available through mainstream channels. If the New South Wales Jewish Board of Deputies can, after careful examination of our work, prove that anything we are saying is wrong, we will be happy to accept their proof. If they cannot, and they are still insistent on closing the website down, they will be showing themselves to be traitors to MAN because they are not interested in pursuing any avenue that can end the suffering in the world.
All religions, corporations and organisations that support and maintain the Western World Civilisation of Commerce are part of the problem because our civilisation is a world of haves and have nots, racism, violence, hatred, poverty, sickness, discrimination, abuse, starvation, homelessness, corruption, collusion, vindictiveness, social unrest, arrogance, ignorance, fear, war and chaos. While we support civilisation, we support death and destruction because ALL civilisations that have ever existed are apocalyptic by design.
If we truly want peace on earth and freedom for all, we have to let go of all that which keeps us divided, and come together as MAN, conscious living co-creators of creation. The Love For Life website offers a remedy to the problems we all face in the form of DO NO HARM COMMUNITIES: http://loveforlife.com.au/node/3641 For more details see here: http://loveforlife.com.au/node/6511 and here: http://loveforlife.com.au/node/3385 - We also highly recommend that everyone read the brilliant Russian books called The Ringing Cedars: http://loveforlife.com.au/node/1125 - The Love For Life homepage/front-page also provides lots of inspiring remedy based information: http://loveforlife.com.au - If you want to be kept up to date with our work please register to the Love For Life mailing list here: http://loveforlife.com.au/campaign_list We usually send two postings per month. Presently there are over 5000 registrations reaching over 200,000 readers globally. The website now receives over 2 million strikes per month with June 2009 heading close to (or over) 3 million strikes.
Conscious Love Always
Arthur and Fiona Cristian
Love For Life
17th June 2009
Comments
10 Year Litigation With The NAB (National Australia Bank)
Don't get nabbed by this bank, like we did,
customer record notes destroyed,
breach of contract,
bank manager got us to incorporate, that's how I got involved in this nightmare, being a wife and told to support her husband.
Now the government has changed the rules, you only need one person for a company. I got ripped off by this bank, let down by our legal system and this is justice in Australia.
I a school teacher representing herself in the High Court against this corrupt bank....... was denied the right of special leave. I guess my injustice was not worthy enough to proceed. Shame, shame......money buys justice.....no protection for the ordinary man....
This bank is still ripping people off and getting away with it. I was even threatened with bullets to the front door (phone call after I protested outside the bank) I do not hang around such characters.
I am currently writing a book based on this bank and I will promote it.
Delahunty's
The bankers are pirates in a suit - it's just wrong . The law needs to change to protect these people - thats us
Nabbed By NAB (National Australia Bank)
The laws certainly need to change but unless we ...... the people demand changes., without people there would be no banks.
The government does not have the fiber nor guts to confront the Banks, after all the banks support both Labor and Liberal parties with millions of dollars.
There lies the problem!!!!!!
In the meantime ordinary people like us suffer at the hands of these criminals in suits.
Please read about our case - Ocker records against the Nab. We were fortunate to acquire the services of a great lawyer Mr Maurice May who took on our lengthy case, who believed that what this bank did was unlawful. I paid for a commercial bill of 180 days but unfortunately this bank ripped me off by giving me 13 days short of the 180 days. What I paid for I did not get from this bank.... Then without any authorisation this bank converted this facility to a bank overdraft, they didn't require any signatures... it's in the fine print....
They got me involved by getting us to incorporate, which they have denied although, the solicitor remembered and stated in writing that he recalled that it was a prerequisite in order to get the commercial bill which the banker sold to us.
My case is very similar to the Garcia case and the Nab.
Re: Nabbed By NAB (National Australia Bank)
Hello Lisa
We suggest you send us your full story as a word doc preferably with photos of everyone involved (bank, judges, you, etc) as jpeg's to this email address action @ loveforlife.com.au and we will post this full story here: http://loveforlife.com.au/australian_stories
All the best
Arthur & Fiona Cristian
Love For Life