WESTON V. BANNISTER & ANOR.

WESTON V. BANNISTER & ANOR.

Mr Weston failed to discharge the onus of proving fraud, and there was no basis for his allegations of judicial bias or impropriety; therefore, leave to issue the Notice of Motion must be refused.

Parties
Respondent: John Bruce Bannister; Applicant: Mr Weston
Jurisdiction
Australia
Procedural Posture
Application for Leave / Application for Leave to Issue Notice of Motion
Outcome
refused
Legal Topics
Mortgage Possession, Fraud, Special Leave to Appeal, Notice of Motion
Civil Procedure Mortgage Possession Fraud Special Leave to Appeal Notice of Motion

Case Brief

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Parties

John Bruce Bannister

Respondent

Mr Weston

Applicant

Procedural Posture

Application for Leave / Application for Leave to Issue Notice of Motion

Legal Issues

  1. 1 Whether Mr Weston should be granted leave to issue a Notice of Motion seeking to vacate the order dismissing his application for special leave to appeal
  2. 2 Whether there was fraud or conspiracy in the procurement of the mortgage
  3. 3 Whether there was bias or conflict of interest in the judicial proceedings

Ratio Decidendi

Mr Weston failed to discharge the onus of proving fraud, and there was no basis for his allegations of judicial bias or impropriety; therefore, leave to issue the Notice of Motion must be refused.

Court Disposition

refused

Orders

  • The application for leave to issue Notice of Motion dated 23 March 1998 is refused.