The documents do not create formal legal relations or contractual consequences with or for anyone. The plaintiff's nephew, John Felthouse, spoke with his uncle about the purchase of a horse and subsequently wrote to him regarding the price for the horse. Secondly, the note is unconditional, and not subject to conditions by the issuer, as also in subsection (1) which usually accompanies the OPCA documents. The defendant (Bindley) was an auctioneer. The idea that somehow by serving the so-called commercial lien on the Deputy Commissioner or anyone else those parties become bound by it is equally nonsense. Uncle Felthouse then sued Bindley in the tort of conversion - using someone else's property inconsistently with their rights. ; never offered more: and you said the horse was mine. 0000001702 00000 n %%EOF He seemed to distinguish between himself as a man in two different capacities and suggested that the law did not bind him in one of those two capacities. HIS HONOUR: No, no, Mr Rana. The uncle seems to have thought that he had on that occasion bought the horse for £30, the nephew said that he had sold it for 30 guineas, but there was clearly no complete bargain at that time. They have stated that the banks do not have money. Please be advised that trying to defraud the government by claiming rights to bogus securities is a violation of federal law, and the Justice Department can and has prosecuted these crimes. But it is required, before the child can be the victim of murder or of manslaughter or of infanticide, that the child should have an existence separate from and independent of its mother, and that occurs when the child is fully extruded from the mother’s body and is living by virtue of the functioning of its own organs.”, Similarly, in the U.S. in 1 U.S. Code § 8 89 (a) 5, “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “person”, “human being”, “child”, and “individual”, shall include every infant member of the species homo sapiens who is born alive at any stage of development.”, On that note, it must be realised that ones legal personality is not divisible from the living man. 15s. For example, if a gallery exhibits a Mike Palmer from “Know Your Rights Group” tried unsuccessfully to explain this concept in Permanent Custodians Ltd v Virgin Investments Pty Ltd [2009] VSC 429 citing two obscure US decisions First National Bank of Montgomery v Daly and Jerome Daly v Savage State Bank & Anor (the Credit River decisions) along with a booklet called “Modern Money Mechanics” describing the U.S. banking system. Must have a separate and independent existence from their mother. As Counsel for the plaintiff points out the defence and counter claim here also bear a striking similarity to the OPCA modus operandi generally and, in particular, to the uses of unilateral agreements (eg A4V notice) and the fiction of quadruple counter claims (see Meads 473, 531, 483). The notes sent to the third defendant were not truly promissory notes within the meaning of the Act. To this the uncle replies on the following day, "Your price, I admit, was 30 guineas. “On 19 November 2007, the Court commenced the hearing of the charges by seeking to establish whether the respondents including Paul Rana appeared. 0000005451 00000 n The Courts have also seen this concept expressed as a mechanism to negate criminal charges or an arrest warrant. 2 0 obj '�����K6_��jQ�'_�*��S�����X��=�y���S���Ht��Z���W?�A�_��Rzi(��{*q �8�TLW�_M�W���B���+���$����^«縷��� 4>|M��&�����/#1������W��e��4��������t�R���Iװ�Y��㙘X(�be'��EQm�o�a �� ����Oo�O��[�`���逕. Scams vary in methods for citizens to gain control of their alleged assets, such as: These blogs and videos promise that your birth certificate bond will be able to wipe out all your debt or help you collect monies/securities. The first applicant was not authorised to do anything with the statement of account under the Act. The irrational premise is that a person or party can unilaterally impose a contract upon one or more other parties by producing a five page written document, full of gibberish and legal nonsense, sending it to the other party or parties and then asserting that when the recipients ignore the document, they fall to be bound by its terms.” 18, Click to access australia-and-new-zealand-banking-group-ltd-v-evans-evans-v-esanda-finance-corporation-ltd-2016-nswsc-1742.pdf. 4, “Ms Donaldson accepted at the hearing that there is no evidence before the Court that “Private Prepaid Treasury Account #18237199 c/o Minister of Finance, Hon. As these decisions illustrate, the notion that, upon delivery of the documents to the ATO, there arose a legally binding contract or contracts between the applicant and any of the defendants containing the terms and conditions alleged, is without any legal merit. The offer remained open at the date of the sale. A baby is fully and completely born when it is completely delivered from the body of its mother and it has a separate and independent existence in the sense that it does not derive its power of living from its mother. 1 0 obj This is known as paper terrorism, it is a foisted and fraudulent contract and it has no legal effect. Are you Paul John Rana? MR RANA: Yes, well, I conditionally accept your offer to address me as Mr Rana on proof of claim that the answer to that name does not give me a disability. 28 19 <> 2 The plaintiff’s nephew, John Felthouse, spoke with his uncle about the purchase of a horse and subsequently wrote to him regarding the price for the horse. For example: “..perform the offset, adjust and close the account and provide the original blue ink WARRANT FOR ARREST to us…”. 500. Felthouse negotiated to purchase a horse from his nephew. Acceptance by silence, Last updated: 23 September 2018 | Copyright and disclaimer. unless he chose to comply with the condition of writing to repudiate the offer. The Savings Bond Calculator is merely a tool to calculate the value of a bond based on an issue date and denomination entered. 15s.'. Agreed with Justice Willes. However, as there may be a mistake about him, I will split the difference. The "Antelope" did afterwards arrive with one hundred -tons of oil on board, which were delivered by H. & Co. to the plaintiffs. The scam artists who post blogs and videos are trying to defraud you into buying their fake product. The notion that a person who owes the ATO money for non-payment of tax can transform the ATO’s statement of account into a bill of exchange and then deliver the statement of account back to the ATO and, in so doing, discharge the person’s own indebtedness for some nominal amount ($1) and render the ATO liable to pay the original amount owed to the ATO plus interest and other charges is some form of fantasy, unconnected to the operation of the Act.”, Click to access atkinson-v-commissioner-of-taxation-2014-fca-1217.pdf. The acquisition of citizenship in history has been by two methods: by blood (jus sanguinis) or by soil (jus soli). ���*$ꟷe�f1���?�q��P��ks<6ݸI���$�l�”� ��`$F�3��3$ Ν��x��,�扥f�v�Zgk���!��h���Z�. ♣ Acceptance effected when and where communication received by offeror (Latec Finance v Knight; Felthouse v Bindley; Brinkibon). 0000008080 00000 n MR RANA: You may address me as Paul John. Just take a seat… When asked whether he was Paul Rana, the following exchange occurred: MR RANA: Paul John, sir. Keating J, Trial Judge A registration is a simple record that an event has taken place (ie a birth), and as such it is not possible to “de register”. Another point which is overlooked here, is the fact one doesn’t gain a legal personality from a birth certificate, it is granted at birth, as soon as the baby has “a separate and independent existence from their mother” as held in R v Hutty [1953] VLR 338. But this intention had not been communicated to his uncle and he had done nothing to bind himself. Justice Keating, Issues Organized Pseudolegal Commercial Arguments, A Corporation can be a Person, but a Person cannot be a Corporation, Convention on the Reduction of Statelessness, http://www.australiancontractlaw.com/cases/felthouse.html, https://freemandelusion.files.wordpress.com/2020/10/in-the-matter-of-glenevan-pty-ltd-2015-nswsc-201.pdf, https://freemandelusion.files.wordpress.com/2020/09/r.-v.-hutty.pdf, https://www.canlii.org/en/ca/fct/doc/2009/2009fc99/2009fc99.html, https://freemandelusion.files.wordpress.com/2018/07/canada-national-revenue-v.-stanchfield-2009-fc-99-canlii.pdf, https://jade.io/article/251786 https://freemandelusion.files.wordpress.com/2018/07/borleis-v-wacol-correctional-centre-2011-qsc-232.pdf, https://freemandelusion.files.wordpress.com/2018/07/australian-competition-consumer-commission-v-rana-2008-fca-374.pdf.