Michelmore v Brown [No 6]

[2025] WASC 228

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION:   MICHELMORE -v- BROWN [No 6] [2025] WASC 228

CORAM:   TOTTLE J

HEARD:   ON THE PAPERS

DELIVERED          :   9 JUNE 2025

FILE NO/S:   CIV 2457 of 2023

BETWEEN:   LAURA JANE MICHELMORE

Plaintiff

AND

ADAM SYDNEY BROWN

First Defendant

JERALD MARTIN

EMMA HAZEL MARTIN

Second Defendants

EMERSION PTY LTD as trustee for THE MARTIN TRUST

Third Defendant

Catchwords:

Practice and procedure - Judgments and orders - Enforcement - Order for appropriation of available asset for purposes of recovery of judgment debt - Variation to orders to make provision for payment of money by bank holding funds - Turns on own facts

Legislation:

Civil Judgements Enforcement Act 2004 (WA)

Result:

Application granted

Category:    B

Representation:

Counsel:

Plaintiff	:	No appearance
First Defendant	:	No appearance
Second Defendants	:	No appearance
Third Defendant	:	No appearance

Solicitors:

Plaintiff	:	L J Michelmore
First Defendant	:	N/A
Second Defendants	:	N/A
Third Defendant	:	N/A

Case(s) referred to in decision(s):

Nil

TOTTLE J:

The application

1. By letter dated 14 April 2025 the plaintiff applied for an order further varying the orders made by the court on 21 March 2025.  The orders were varied on 1 April 2025.  The variation sought is as shown in the following mark up of order 1:

   Suncorp Bank shall The first named second defendant, Jerald Gleason Martin, do forthwith cause the sum of $93,950, being part of the judgment sum, to be paid from the account numbered 122430991 held in the name of Jerald Martin with Suncorp Bank Norfina Ltd (Suncorp Account) to the following account …'

2. The application was supported by an affidavit sworn by the plaintiff on 15 May 2025 which attached correspondence with representatives of Suncorp Bank.  The outcome of that correspondence was that Suncorp Bank did not wish to be heard on the application.

3. Mr Martin filed an affidavit sworn by him on 6 June 2023 and two other documents one dated 11 April 2025 and one dated 6 June 2023.  Each of the other documents had a letter head 'Sheriffs Office of Terra Australis Guardians of the Lore/Law Notice to Act'. 

4. The materials filed by Mr Martin recited many of the procedural and jurisdictional complaints raised by him in earlier hearings and documents filed by him.  Mr Martin also purported to invoke the authority of 'a Common Law Court with a full jury', convened on 30 March 2025, by 'The Sovereign Peoples Assembly Western Australia'. 

5. The application was dealt with on the papers.

Procedural background

1. For ease of reference, I reproduce the procedural background as set out in my reasons for decision published on 1 April 2025.

2. On 5 September 2024 the court ordered Mr Martin be restrained from disposing of or otherwise dealing with the sum of $150,000 standing to his credit in a bank account held in his name with Suncorp Bank Norfina Ltd (the Suncorp account).  In effect the order replaced a freezing order made on 28 August 2024.

3. On 15 January 2025 the court ordered that judgment be entered in the plaintiff's favour in the sum of $90,000 together with interest on that sum at the rate of 3 per cent per annum from 31 July 2023 making a total of $93,950 (the judgment debt).  Orders were also made providing for the defendants to pay the plaintiff's costs of the action.  For reasons that are presently irrelevant, the quantum of the plaintiff's entitlement to costs has yet to be determined.  When the costs are determined they will form part of the judgment.

4. The plaintiff asked Mr Martin to consent to an order permitting the release of funds from the Suncorp account to discharge the judgment debt and he refused.

5. On 4 February 2025 the plaintiff applied for an order for the release from the Suncorp account of an amount that would satisfy the judgment debt.  At a hearing held on 6 February 2025 directions were given for the filing and service of submissions by the plaintiff and the second defendants and for the application to be determined on the papers.  The plaintiff filed submissions but the second defendants did not.

6. On 21 March 2025 I made an order the effect of which was to vary the order of 5 September 2024 by directing Mr Martin to cause the judgment debt to be paid from the Suncorp account into an account in the name of the plaintiff.  Reasons for making that order were published on 1 April 2025 and the order was amended in a minor and presently irrelevant respect.

7. Mr Martin has not complied with the order.  He has made it clear in the materials he has filed that he will not comply with the order.

Disposition

1. The power to make the order is found in s 86(1)(c) of the Civil Judgments Enforcement Act 2004 (WA) (the Act). Further, the court's inherent jurisdiction is an alternative source of power.

2. There is no principled basis on which the application may be opposed.  Mr Martin's failure to comply with this court's order is both contumelious and contumacious.  I will grant the application and order Mr Martin to pay the plaintiff's costs on an indemnity basis.

I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia.

CD

Associate to the Honourable Justice Tottle

9 JUNE 2025