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Court Cases
Good day,
I have been reading up on some court cases that their appeal was denied on the PN. I was wondering if anyone knew where this guy went wrong, when I read the case it seems like he was on point with everything that Marc teaches. I am struggling a bit of why he lost. Does anyone know bullet points of what he did wrong.
Bayly v Westpac Banking Corporation [2020] QCA 148
Also Marc had mentioned in one of the webinars of another court case (Atkinson) Not sure if this was the name he mentioned, I think it was. I am trying to locate the court proceedings to read them as well. If someone can post the court link that would be great. I am trying to cover all my bases and educate myself.
Thank you
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6 Replies
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good questions
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Hello Sojourner
I’ve just had a read of the judgement. It certainly does seem to be on point regarding what Mark teaches. I suspect Mark has solid knowledge of this matter and would be interested to hear his thoughts at some stage.
However… a critical point in the judgement, and in another I’ve seen, is that when the ‘loan’ was established it was explicated how payment was to be made. In this case I think it was by electronic transfer to a specified account [see sections 34, 35, 36]. As this was part of the originating agreement and signed by both parties it is not for one party to unilaterally change that and post a PN.
If intending to do that there would need to be at least an effort to repudiate that part of the original contract.
I’ll read the judgement again later paying particular attention to sections 27 – 45.
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Okay, I see what you are saying, I will go back and take a look at these specific lines.
And if you have a contract that they are taking out a direct deposit you cannot pay it off with a PN without changing the contract?
Plus do you know of the other case Marc was speaking of in a case called Atkinson?
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This reply was modified 2 years, 4 months ago by sojourner.
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I think it was Atkinson V Deputy Commissioner of Taxation SC NSW 2012. I’ve not read that one.
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Thank you, I cannot seem to find it online. What is Australia’s online court cases, in Canada we use CanLII to look up previous cases. I just cut and pasted what you put and the only one that came up was from 1951. I appreciate your help. 😀
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I had a quick look and cannot locate it. FYI we have Austlii.edu.au which is where I go look for current and historical legislation in Australia.
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This reply was modified 2 years, 4 months ago by