A plea for relief to Queensland’s court of appeal by Currumbin Valley home owners – who failed in their self-represented September bid to prevent foreclosure by their mortgage lender – has been abandoned with the borrowers deciding instead to rely upon a recent worldwide debt cancellation decree from American activist group, One Peoples Public Trust (OPPT).

OPPT proclaims itself to be comprised of “every person on the planet, the planet itself and the Creator” and that its trustees  – “a group of very skilled individuals including legal professionals” – have resolved “to terminate the entire [financial] system” and emancipate borrowers.

On 25 December 2012, by proclamation reminiscent of the Declaration of Independence itself and invoking some of its zeal, OPPT decreed the repatriation of US$3,500,000,000,000,000,000.00 (three quintillion, five hundred quadrillion) of private loans for borrowers, including in Australia and the universal “foreclosure on all corporations, banking systems, including corporations masquerading as government, worldwide”.

Apprised of those developments, Gary Moon emailed the Brisbane Supreme Court registry last month, two days before the scheduled hearing of his appeal, citing OPPT’s  manifesto which he contended “effectively cancels all contracts and eliminates all debt” including the balance that Secure Funding Pty Ltd of Melbourne claimed from he and his wife.

He then declared in the email communication – for the benefit of all “alleged Bailiffs, real estate agents and police departments”  – “JUDGMENT IN MY FAVOUR”.

“In light of that email,” dead-panned the court in its ex tempore ruling, “it is not surprising that the appellants are not represented today, either by lawyers or in person”.

But confronted with a written outline of the Appellant’s argument and in the absence of a formal abandonment of the appeal, the appeal judges felt compelled to consider the borrowers” unconventional arguments.

The home owners had indeed raised constitutional grounds to claim that the trial judge lacked the necessary jurisdiction to adjudicate the dispute. Further, they asserted, he had failed to duly consider their unconscionable conduct argument and that of misrepresentation.

Finding that the “primary judge clearly had jurisdiction” the appeal court went on to say that as the contractual matters now raised were neither pleaded nor canvassed before the lower court, they were barred from consideration in the appeal.

The appeal was dismissed with costs and thus Secure has cleared the final hurdle  to be allowed to sell up the picturesque property on which the Moons has stopped making mortgage payments and paying the specified 36% p.a. interest in 2009.

The borrowers have however declared, being so empowered by OPPT, that “anyone attempting to enter the property will be under video surveillance, arrested, detained and subject to common law private prosecution”.

Moon & Anor v Secure Funding Pty Ltd & Ors [2013] QCA 086 Brisbane Margaret McMurdo P Fraser JA Daubney J, published 22/04/2013


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