Bank of Queensland Ltd v Jensen [2011] NSWSC 1566

Supreme Court New South Wales

Medium Neutral Citation: Bank of Queensland Ltd v Jensen [2011] NSWSC 1566 Hearing dates: 26 October 2011, 25 November 2011 Decision date: 16 December 2011 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The motions brought in the 2009 proceedings, matter number 292316 of 2009 are all dismissed. 2. The proceedings brought by the 6 April summons in matter number 111525 of 2011 are dismissed. 3. The proceedings brought by the 11 April summons brought in matter number 117563 of 2011 are dismissed. 4. Ms Jensen, Mrs Jensen and Mr Vescio must each bear the Bank's costs, as agreed or assessed, in respect of the motions which they brought. 5. Ms Jensen must bear the Bank's costs, as agreed or assessed in respect of the proceedings brought by the 6 April and 11 April summons. The usual order as to costs is that they follow the event. That means that Ms Jensen, Mrs Jensen and Mr Vescio must bear the Bank's costs, as agreed or assessed, in respect of the various motions and proceedings which they each brought. Catchwords: PROCEDURE - notices of motions - proceedings related to mortgage over property - Bank obtained possession of property - claims advanced about existence of the Principality of Snake Hill - course of proceedings - various orders sought by various motions - new proceedings brought in relation to property - whether summons in new proceedings should be dismissed - Legislation Cited: Civil Procedure Act 2005 Code of Banking Practice Consumer Credit Code Contracts Review Act 1980 Court Information Act 2010 Crimes Act 1900 (Cth) Foreign States Immunity Act 1985 (Cth) Real Property Act 1900 Supreme Court Act 1970 The Constitution Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Accom Finance Pty Ltd v Kowalczuk [2006] NSWSC 730 Aon Risk Services Australia v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Bank of Queensland v Jensen (Supreme Court of New South Wales, Davies J, 13 May 2010, unreported) Bank of Queensland Ltd v Hoerman [2011] NSWSC 73 Combe v Bank of Queensland [2011] NSWSC 1347 CSI International Co Ltd v Archway Personnel (Middle East) Ltd [1980] 1 WLR 1069; [1980] 3 ALL ER 215 Gunns Ltd v Marr [2005] VSC 251 Jensen v Bank of Queensland [2011] NSWCA 71 Jensen v Bank of Queensland [2011] NSWCA 132 Jensen v Bank of Queensland Ltd [2011] HCASL 92 National Australia Bank v Satchithanantham [2010] NSWCA 244 Paula Jensen v Bank of Queensland Limited [2011] NSWCA 36 Paula Jensen v Bank of Queensland Limited [2011] NSWCA 37 Stott v West Yorkshire Road Car Co Ltd [1971] 2 QB 651 Water Board v Moustakas [1988] HCA 12; (1988) 180 CLR 491 Category: Procedural and other rulings Parties: Bank of Queensland Ltd ( Plaintiff) Paula Ann Charlotte Jensen (First Defendant) Helen Marjut Jensen (Second Defendant) Paul Jossvein Jensen (Third Defendant) Representation: Counsel: Mr DJ Barnett (Plaintiff) Solicitor: DibbsBarker Lawyers (Plaintiff) Paula Ann Charlotte Jensen (in person) Helen Marjut Jensen (in person) Mr Carmelo Vescio (in person) File Number(s): 2009/292316, 2011/111525, 2011/117563 Publication restriction: None