Bank of Queensland v Hoerman [2011] NSWSC 73

The borrowers were eccentric. They resisted possession on the grounds that they had seceded from Australia and established an independent sovereign country which was not subject to the jurisdiction of the Court. The bank was granted judgment and obtained possession of the property. The borrowers then made several applications to set aside judgment, for a stay and to appeal on the same basis, all of which were denied.

The bank sold the property but could not settle because the borrowers, and eccentric entities and persons associated with them, kept lodging caveats. Orders prohibiting named parties from lodging caveats were circumvented by the borrowers procuring new and different caveators.

The Judge made an order directed at the Land Titles Office prohibiting them from accepting any further caveats on that property.

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