Event and Time
Event Description
The case revolves around Ms. Jackson, the registered owner of a freehold residential property, who contested a mortgage held by Arawak—controlled by Mr. Perry, her former de facto partner. The proceedings began with Ms. Jackson asserting claims related to the validity of the mortgage, including allegations of fraud and forgery. A significant delay in prosecuting her appeal arose, as she sought an extension of time to appeal a decision made by McMurdo JA in March 2016.
Application and Claims
- Applicant: Ms. Jackson
- Respondent: Bigwhale Group Pty Ltd
- Claims:
- Extension of time to appeal the March 2016 judgment. - Relief on medical grounds, citing cognitive impairment due to a traumatic brain injury. - Allegations that the mortgage was a sham and that she did not execute the loan documents.
- Timeline Summary:
- 2010: Ms. Jackson purchases property. - 2015: Default under mortgage claimed by Arawak. - March 2016: McMurdo JA dismisses Ms. Jackson’s challenge. - October 2019: Application for extension of time to appeal filed.
- Result sought: Judicial orders to permit the appeal to move forward despite significant delays.
Judicial Decisions
- The application for an extension of time to appeal was ultimately refused.
- No costs were awarded against any party.
Dispute Points and Legal Basis
Dispute Points
Ms. Jackson’s Position:
- Claims the mortgage should be set aside due to forgery and fraud.
- Medical reports indicate extreme cognitive impairment affecting her capacity to prosecute the appeal.