NAB v Strik [2009] NSWSC 184

In this case the borrower, Mr Strik, raised a defence to the NAB’s possession application arguing that due to certain historical features concerning the life and death of Jesus Christ he did not have to pay his mortgage. The defence was filed after the borrower became bankrupt.

Ordinarily, the court would not allow a bankrupt to appear, make submissions or tender evidence without the permission of the official trustee in bankruptcy. Nevertheless, Justice Johnson received Mr Strik’s affidavit on an informal basis and after satisfying himself that it did not contain material that advanced his legal position, made an order that the “defence be struck out” and ordered possession of the security property go to the lender and a writ of possession issue

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