Event and Time
Event Description
In 2016, Heather Jean Grahame entered into a loan agreement with the Bank secured by a mortgage over her property in Warburton, Victoria. Following her default on the loan in 2018, the Bank served notices and initiated proceedings to recover the property. A Judicial Registrar granted the Bank a summary judgment in 2019. Grahame, unrepresented and unsatisfied with the ruling, filed an appeal which was subsequently dismissed by a trial judge, along with her counterclaim against the Bank.
Application and Claims
- Applicant: Heather Jean Grahame
- Respondent: The Bank
- Claims:
- Appeal against the summary judgment issued in favor of the Bank. - Counterclaim against the Bank citing deceit, fraud, and unconscionable behavior. - Allegations of bias and inadequate consideration by the trial judge regarding her defense and claims.
Judicial Decisions
- The initial summary judgment by the Judicial Registrar was upheld, with the trial judge dismissing Grahame's appeal on multiple grounds, including lack of prospects of success for her defense and counterclaim.
- Her appeal seeking to amend the application for leave to appeal was also refused due to lack of substantive evidence.
Dispute Points and Legal Basis
Dispute Points
- Ground 1: Apprehension of Bias
- Grahame argued the trial judge pre-judged issues and was critical of her conduct as a self-represented litigant. - She alleged other biases, including failure to reference her cited authorities and unjust criticism toward her statements.
- Ground 2: Misjudgment of Defense Claims
- Grahame claimed the trial judge improperly concluded her defenses and counterclaim had no real prospect of success.