The borrower Mrs Williams sought a stay of eviction by on the grounds that she wished to appeal the judgment for possession on the following grounds:
- She did not consent to the jurisdiction of the Supreme Court,
- Pepper Finance failed to to follow the procedure for dispute resolution laid down in chapter 18 of St Matthew’s Gospel,
- Section 80 of the Australian Constitution entitled her to a trial by jury,
- Clause 29 of Magna Carta which, reads “No free man shall be…disseised of his freehold…except by the lawful judgment of his peers or by the law of the land.”
- Judgement for possession was in breach of Bill of Rights 1689, Petition of Right 1628 and the Habeas Corpus Act 1640,
- The absence of a trial by jury would be contrary to democracy,
- The court attendance notice referred to her as a “person” She submits that, rather than being a “person” (which she traces back to its etymological origin as being a mask used to hide the truth of a matter) she is a free human being, and answerable to God.
- Section 116 of the Australian Constitution entitles her to freedom of religion.
After carefully reviewing these arguments Campbell JA found against the borrower and rejected the stay application.