Latest Update
Latest Update
As you know from our previous emails, our ongoing struggle with the banks is continuing.
In order to prepare a case for Court, our lawyers did a great deal of work in research and preparation, including taking advice from a leading Q.C.
In order to push the banks harder, our lawyers issued a Summons for one of our customers and took the matter to Court.
The case went to trial on 21 April 2009.
The Learned Magistrate reserved his judgment (i.e. did not give his judgment straight away but instead, said he wants to think about the issues that have been raised and will deliver his judgment later.
The case was heard in the Minor Claims Jurisdiction of the Court. That is a special jurisdiction in the Court for claims less than $6,000.00.
The Court procedures are designed to allow ordinary citizens to go to Court without risking cost orders against them if they lose. Although some minor costs are allowed for witness fees (usually only $100.00 or so), the benefits of that jurisdiction is that if a party loses, they do not have to pay the legal costs of the other side.
Obviously, the reverse also applies and the winner does not get any of their legal costs from the loser. In general terms, it is a “no cost jurisdiction” and is specifically designed to allow citizens, such as yourselves, to take on the big banks without risking having costs orders made against them if they lose.
We now wait for the Magistrate to give his decision.
Related Links
