Westpac Banking Corporation v Farrant

[2024] WASC 300 (S)

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION:   WESTPAC BANKING CORPORATION -v- FARRANT [2024] WASC 300 (S)

CORAM:   ACTING MASTER MCDONALD

HEARD:   22 AUGUST 2023

DELIVERED          :   29 AUGUST 2024

PUBLISHED           :   29 AUGUST 2024

FILE NO/S:   CIV 1316 of 2023

BETWEEN:   WESTPAC BANKING CORPORATION

Plaintiff

AND

MEHRZAD FARRANT

Defendant

Catchwords:

Practice and procedure - Where reasons for decision have been published - Whether defendant's counterclaim has merit - By parity of reasoning the defendant's counterclaim is doomed to fail - Final Orders made in terms of the plaintiff's minute

Legislation:

Nil

Result:

Final Orders made in terms of the plaintiff's minute
Defendant's counterclaim dismissed

Category:    B

Representation:

Counsel:

Plaintiff	:	T Langdon
Defendant	:	In Person

Solicitors:

Plaintiff	:	Thomson Geer - Perth
Defendant	:	In Person

Case referred to in decision:

Westpac Banking Corporation v Farrant [2024] WASC 300

ACTING MASTER MCDONALD:

1. By reasons published 20 August 2024,[1] I gave reasons for:

   1.dismissing the defendant's stay application;

   2.dismissing the defendant's summary judgment application; and

   3.granting the plaintiff's summary judgment application.

   [1] Westpac Banking Corporation v Farrant [2024] WASC 300.

2. At the conclusion of those reasons, I said I would determine the costs of the applications and proceedings on the papers after allowing further short, written submissions.

3. By its minute filed 27 August 2024, the plaintiff seeks the following orders:

   1. Summary judgment be granted in favour of the Plaintiff.

   2. Within 14 days, the Defendant do deliver up to the Plaintiff vacant possession of the property known as Unit 1, 8 Ednah Street (also known as 1/8 Ednah Street) Como in the State of Western Australia which is more particularly described as Lot 1 on Strata Plan 30692 and being the whole of the land comprised in Certificate of Title Volume 2067 Folio 841.

   3. The Defendant's Counterclaim be dismissed.

4. As is apparent, the plaintiff does not seek its costs; and it seeks an order that the defendant's counterclaim be dismissed.

5. The defendant has not sought to be heard on costs but has communicated with the Court and has asked for orders to be extracted as soon as possible so that her Appeal Notice which she has attempted to lodge with the Court of Appeal might be processed.

6. The defendant's counterclaim filed 21 April 2023 was not expressly addressed by my earlier reasons.

7. The relief sought in the defendant's counterclaim is:

   1. An order to the Plaintiff to remove the Unlawful Instrument of Death, the Mortgage (Registration Number L684005) from Landgate Perth, Western Australia registry that was lodged against the Defendant Property at 1/8 Ednah St, Como, WA 6152 on 19 JUL 2011 and, to release the Certificate of Title to the Property to the Defendant.

   2. An order to make payable by the Plaintiff to the Defendant all funds contributed by the Defendant towards the Null and Void Mortgage (Registration Number L684004) since July 2011 which mounts to estimated sum of $230,000.00.

   3. Costs

8. The defendant sought that relief on, essentially, the same bases and allegations made in her defence; some of which were also advanced by her in her stay application.

9. Included within the matters relied upon in the counterclaim is the following:

   [27]… For the Plaintiff who had to go through the depravity of its actions to lock the Defendant into a Death Pledge that is an instrument of Sin according to Maritime Law which must ensure that Mankind will not live in Sin, no punishment is big enough and deserving enough as far as the Defendant is concerned because, the Mortgage was to strip the Defendant of all her God given life force and God given life energy by design and what is more valuable and holy and precious than one's life force.

   The Plaintiff was fully aware of this fact but still took hidden steps against Maritime Admiralty Law, Contract Law and Disability and Discrimination Act 1999 and against good conscience by submitting unsuspecting little home loan seeker (the Defendant) to a lifetime of sinful living, attempting to send her to the grave with a Death Pledge by design which has caused the Defendant unlimited amount of grief in the past number of months.

10. While, as said, my earlier reasons did not expressly address the defendant's counterclaim, each of the matters pleaded and relied upon in the counterclaim was dealt with in my earlier reasons.

11. None of them is viable in any legal sense and could provide no basis for the relief sought by the counterclaim.

12. In short, by parity of reasoning from my earlier reasons, the defendant's counterclaim is doomed to fail and should not be allowed to progress. 

13. For the above reasons and my earlier reasons, I will make orders in terms of the plaintiff's minute filed 27 August 2024.

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

JC

Associate to the Honourable Justice Howard

29 AUGUST 2024