Osborn dissected – Tylden Rd.
In this matter the central facts are;
The root of the true “cause of action” in respect of Tylden Rd is that;
that the Council abandoned the 18 lot plan of subdivision and did not serve the Notice of Requirement related to that plan.
the Council then, in accord with Buchanan’s intent and purpose, processed each of the separate silly litle plans as discrete subdivisions, discrete from one another and discrete from the 18 lot plan and discrete from resolutions relating to that 18 lot plan and did not make a resolution to impose a requirement in respect to any one of them.
The Council had concealed these facts by perjury and falsified documents in the Magistrates Court and the subsequent 1988 Supreme Court Appeal and then the Council and Water Authority continued to conceal these facts by false admissions and incomplete and falsified discovery during the 1988 County Court proceeding.
Upon realising these things I instituted the 2005 proceeding.
Then for the purpose of having that 2005 proceeding struck out the lawyers for the Council and Water Authority conspired with one another to bring falsely based strike out proceedings as described in Chapter 2 and 3 above.
These falsely based strike out proceedings were based upon the, at law absurd, notions of “unlawful sealing” of “unlawful plans”. As discussed in previous chapters there is no such thing as “unlawful sealing” or “unlawful plans”. (see s.569B(10))
Based on the misrepresentations made to him Master Efthim said “One may ask why Mr Wilson’s evidence had the effect of concealing the First Defendant’s true conduct from the Court and Mr. Thompson. This is not a credible explanation.” and ruled against me.
At appeal before Osborn I pointed out and alleged that the lawyers for the Council and Water Authority had brought a false case and further alleged that my barrister John Middleton QC had (as described in Chapter 3 Part 2) also misrepresented me personally and the facts and the law.
At the appeal before Osborn I thoroughly answered the fabricated case brought by Delany, Garde and Co. All that was necessary was the self evident fact that section 9 could not be avoided and was not avoided by the silly little plans and s.569B(10) of the Local Government Act absolutlely precluded such things as unlawful sealing of unlawful plans.
I then explained in thorough detail the true cause of action, namely;
“My present cause of action is that the Council did in breach of its specific duty seal the residential series of plans and the industrial series of plans and the plans of cluster subdivision in full knowledge that the allotments thereby created were unusable due to a lack of services and in full knowledge that there was no lawful means to compel or cause construction of those services in order to make the allotments useable.” and;
that in the case of Tylden Rd the cause of action arose as a consequence of the fact that the Council had abandoned the 18 lot plan and not served the Notice of Requirement in respect of it and the Notices of Requirement related to the contrived plans had been issued without enabling resolution and had been fabricated to conceal that fact,
For the purpose of ignoring, denying and concealing the fact that the lawyers had acted as alleged by me Osborn appointed himself as advocate for the Council and Water Authority and then fabricated Reasons for Judgments based on his own personal concoctions. (See Chapter 1 part 3 “Osborn appoints himself as advocate”)
Delany and Co simply had not brought an argument against the true cause of action.
As set out in Chapter 1 part 1, after reading the 1991 Amended Statement of Claim and the Book of Pleadings which contained all the assertions as to service of Notice of Requirement delany asserted “ the council released Buchanan from that requirement on the provision of the guarantee as I understand it, I think there’s no contest about that“. (my emphasis)
The fact was that Delany and Co did not and could not assert either open disclosure of or my prior knowledge of those things which the Council and Water Authority had concealed by perjury, falsification of documents and false admissions etc. Namely that the Council had abandoned the 18 lot plan and had not served the Notice of Requirement in respect of that plan and that each of the contrived plans had then been processed discretetly and without authority of any resolution of the Council to impose a requirement in respect of any one of them.
Critical concepts / understandings.
My new and critlcal allegations in respect of Tylden Rd were that the Council;
- Abandoned the 18 lot plan and did not process if further after 20th February 1980
- Did not served the Notice of Requirement in respect of that 18 lot plan.
- Did not serve a valid Notice of Requirement in respect of any one of the plans in the contrived series of plans.
These things had been concealed by overt perjury, falsification of documents, false discovery and false admissions during each of the three prior proceedings.
The fact that the Notice of Requirement related to the 18 lot plan was not served is irrelevant;
the fact that it was not served merely goes to the fact that the 18 lot plan was abandoned.
Whether or not that Notice of Requirment was served it had no relevance to and did not and could not impose a Requirement in respect of any one of the plans in the contrived series of plans which were processed discretely from the 18 lot plan and and discretely from each other.
Abandonment of the 18 lot plan includes abandonment of resolutions and permits peritinent to that plan.
As the 18 lot plan had been abandoned and the plans in the contrived series of plans were processed as discrete plans and subdivisions the Council resolution of 20th February 1980 did not and could not impose a Requirement in respect of any one of the plans in the contrived series of plans.
The Notices of Requirement which were served in respect of each of the plans in the contrived series of plans were invalid because there was no resolution of the Council to impose a Requirement in respect of any one of them.
*****************
The corrupt fabricated sheme of Osborn’s fabricated Reasons.
As will be seen below Osborn’s reasons are nothing more than fraudulently fabricated convoluted fabrications however the scheme of those reasons appears to me to be;
ignore deny and conceal the true grounds / basis for the 2005 proceeding which had manifestly been concealed by the Council and Water Authority by perjury, falsification of documents, falsified discovery and false admissions; and;
to then, in the face of s.569B(10) of the Local Government Act, hold / assert / find that the fabricated Notices of Requirement were invalid by virtue of the absurd notion that the plans were “unlawful” and “unlawfully sealed”; and;
that not only did I have knowledge of those “unlawful plans” and “unlawful sealing” too long ago but the Council had openly disclosed those things.
Osborn does not say how his supposed “unlawful plans” / “unlawful sealing” rendered the Notices of Requirement or Requirements invalid.
Misrepresent the gravamen of earlier proceedings to facilitate capture by earlier Terms of Settlement.
This scheme was designed and intended to corruptly give verisimilitude to Master Efthim’s Reasons and to falsify, ignore, deny and conceal my allegations as to and the fact of the conduct of the lawyers before the Master.
To do these things Osborn uses obviously well developed skills which I have come to expect of corrupt barristers and solicitors, officers of the Supreme Court of Victoria; lie and obfuscate.
I suppose it’s absurd to expect a corrupt barrister to become an honest Judge.
Osborn’s fabricated Reasons.
The following extracts are true copies of “The Honourable” corrupt Justice Osborn’s published Reasons with my highlighting and comments interspersed.
These paragraphs are very carefully and precisely worded, even down to the amazing specific detail of which Council officer endorsed the plans, to convey the express and unequivocal meaning that the contrived series of (silly little) plans were “IN EFFECT STAGES”of the 18 lot plan and that as IN EFFECT STAGES they were (legitimately) endorsed “as subject to the requirements originally imposed by the Council with respect to the global”( 18 lot) “plan of subdivision”.
These representations by Osborn are unequivocal and are identical in meaning and effect as the perjurous representations of the Council and as repeated and confirmed by the discovered documents in the 1988 proceeding and the documents set out by me above from the black book.
On the Council’s perjurous representations that the silly little plans were several parts or stages of the 18 lot plan and on Osborn’s assertions of fact that the silly little plans were in effect stages of the previously proposed residential (18 lot) subdivision It follows that on the representations of the Council and of Osborn each of the separate Notices of Requirement which were served were served pursuant to the Council’s resolution of 20th February 1980 and were legitimate and the backdating of those Notices was also legitimate or at least not illegitimate and merely reflected the date of enabling resolution and it follows from these representations that the endorsing of those plans and subsequent sealing of those plans was according to law. (the law required the endorsement to be made prior to sealing)
It also follows that as effective stages all of the plans being IN EFFECT STAGES of the 18 lot plan correctly showed all of the allotments and all of the roads pertinent to each of those IN EFFECT STAGES.
OSBORN OVERTLY CONCEALS AND DENIES THAT THE RESOLUTION OF 20TH FEBRUARY 1980 WAS ABANDONED AND THIS IS THE EXACT AND SOLE THING WHICH GIVES RISE TO THE 2005 CAUSE OF ACTION.
OSBORN OVERTLY CONCEALS AND DENIES THE EXACT SAME THING WHICH THE COUNCIL AND WATER AUTHORITY CONCEALED BY THEIR RESPECTIVE PERJURY AND FALSE ADMISSIONS AND FALSIFIED DISCOVERY IN THE 1988 PROCEEDING.
Osborn then says;
Osborn does not say “purported to withdraw” one can only withdraw that which is in place. On Osborn’s facts a legitimate “Requirement” was imposed in respect of each of the plans being the IN EFFECT STAGES and were legitimately imposed pursuant to the resolution of 20th February and properly endorsed on the Plans before they were sealed by the Council on 21st May 1980 and then withdrawn in November 1980. The resolution of the 20th February was made in respect of the 18 lot plan which Osborn refers to as the “global” plan.
The only possible reading and understanding of Osborn’s rendition of the factual background is that there was a legitimate “Requirement” in place in respect of each of the plans which were in effect stages of the global plan and that Requirement was in place between Service of the separate Notice of Requirement on 6th March 1980 and subsequent withdrawal of those “Requirements”.
This is in accord with Delany and Co’s submissions as detailed above.
Still under the heading “Factual Background” Osborn then says;
No; that is not what was contended. The allegations were that the 18 lot plan (and asscociated resolutions) had been abandoned and no requirement had been made at all by any resolution of the Council.
It was contended that the Notices of Requirement actually served were invalid and had been fabricated. The reason why the Notices of Requirement were invalid was because there was no resolution to impose a requirement all in respect of any one of the silly little plans.
The Notice of Requirement which did issue had been fabricated to make them appear to have issued pursuant to the Council’s resolution of 20th February 1980 while the fact was that resolution had been abandoned along with abandonment of the 18 lot plan.
These things were unequivocally concealed by the Council’s perjury and by the Council and Water Authoritiy’s conduct of the 1988 proceeding.
These things do not and cannot be construed to be an allegation that no valid requirement was made which implies that a requirement was made but it was invalid. It was the Notices which were invalid and fabricated.
Notably on Osborn’s paragraphs 3 to 6 a legitimate requirement was made in respect to each of the separate plans and that requirement was pursuant to the resolution of 20th February 1980 and was legitimate because on Osborn’s rendition each of those plans were in effect stages of the “global” plan. Then on Osborn’s facts each of those apparently legitimate requirements were withdrawn.
By these misrepresentations as to fact Osborn is setting the ground to render the (on his reasons) otherwise lawful requirements invalid by virtue of “unlawful sealing” of “unlawful plans” and thereby ignore deny and conceal the conduct of Garde and Co and also provided verisimilitude to the Masters Reasons.
Osborn then says;
Section 567B(7)(d) was entirely irrelevant because these things did not and could not cause loss and damage and in any event were repaired for all purposes by s.569B(10).
My “cause of action” arose because the Council breached 569B(7)(a)(iii) which precluded sealing of plans with unusable lots. The section quoted by Osborn was benign because whether or not the plans were in breach of this section was irrelevant; the allotments which were created were identical whether or not they had the benefit of a planning permit. The deficiency in the allotments; namely that they were unusable because they did not have services and there was no lawful means of compelling provision of those services could not be remedied by s.569B(10) of the Local Government Act 1958.
Subsection 569B(7)(a)(iii) required the Council to refuse to seal the plans if the allotments were unusable and at paragraph 45, my Affidavit in the proceeding I said;
The present proceeding is firstly predicated on the allegations that the Council:-
Sealed the plans of subdivision in direct contravention of its statutory duty to refuse to seal them (See section 569B(7) of the Local Government Act 1958) and/or sealed the plans for an ulterior purpose, namely to avoid the provisions of s9 of the Sale of Land Act. (my emphasis)
Unlawfully sealed the plans in full knowledge that:-
(a) No services were present
(b) There was no lawful means of ensuring the provision of those services
(c) The allotments so created were unusable and there was no lawful means of ensuring that they be made usable.
(d) There was no planning permit permitting any one of the subdivisions created.
(e) Each of the subdivisions created was in breach of the Shire of Kyneton Interim Development Order then in place.
Item 1 describes the cause of action as being that the Council “Sealed the plans of subdivision in direct contravention of its statutory duty to refuse to seal them (See section 569B(7) of the Local Government Act 1958)”
Item 1 then continues on to assert that the “ulterior purpose” of the Council sealing the plans in the manner alleged was to “avoid the provisions of s9 of the Sale of Land Act.”
Items 2)(a), (b) and (c) assert that no services were present and there was no lawful means of ensuring provision of those services and that the allotments created were unusable and there was no lawful means of ensuring that they be made useable. It is these precise things which were trapped by s569B(7)(a)(iii) and therefore the Council was required to refuse to seal the plans as asserted in the first part of item i) above.
Items 2)(d) and (e) merely go to mala fides because these things were also trapped by s569B(7) but did not and could not cause any loss or damage.
The things set out by me in Items 2)(d) and (e), i.e. the things which invoked s.569B(7)(a)(ii), were repaired by s.569B(10) but the things set out in items 2(a), (b) and (c), i.e. the things which invoked ss.569B(7)(a)(iii), were not and could not be repaired by s.569B(10).
At paragraphs T15 and T16 of the 2005 Amended Statement of Claim the breach of s.569B(7)(a)(iii) and consequences were specifically pleaded.
It is significant that Osborn did not set out s.569B(7)(a)(iii), his scheme was to conceal / deny the true “cause of action” and rely on “unlawful sealing” of “unlawful plans”.
Next;
Well Osborn is demonstrably aware that there is no such thing as “unlawful sealing” of “unlawful plans” and that Delany, Garde and Co’s submissions and Middleton’s submissions and the Master’s Reasons as set out in Chapter 2 and 3 were all just a load of twaddle.
Osborn is also plainly aware that 569B(10) repairs any deficiency which invokes s.569B(7)(a)(ii).
The next extract contains a little surprise. My readers will recollect that at Chapter 1 part 1 of this book I set out that at his paragraph 115 Osborn said;
- As I have already noted the amended statement of claim served in the Tylden County Court proceeding expressly alleged
(c) The firstnamed defendant did not serve or cause to be served any or any proper requirements with respect to the making of such roads. (my emphasis)
On the face of it Osborn’s paragraph 54 flies directly in the face of Osborn’s own paragraph 115 but as we shall soon see he had a crafty little plan.
The circled text asserts that the 1991 Amended Statement of Claim alleged service of a “requirement” with respect to construction of roads. On the face of it this is in the face of Osborn’s paragraph 115 but as I will demonstrate, Osborn had a plan.
Notably, the genuine paragraph 7 of the 1991 Amended Statement of Claim says “Notice of Requirement”; here Osborn says “Requirement”, but the fact is that a “Requirement” can’t be served without a Notice of Requirement, so we’ll assume “Notice of Requirement” is implied.
The next relevant paragraph is Osborn’s paragraph 56 wherein he transcribed paragraph 20 of the 1991 Amended Statement of Claim and then at his following paragraphs he began a chain of additional misrepresentations beyond those already made at his paragraphs 3, 4, 5 and 6.
Because I could not demonstrate wrongdoing of the Council the 1988 County Court proceeding was a proceeding to recover monies had and received under mistake of law. This did not suit Osborn’s purpose so for his corrupt purpose Osborn had to misrepresent the said paragraph 20 and then fraudulently assert that it made allegations as to “unlawful sealing”. He made these assertions at his paragraph 58. I am going to change the order a little and put his paragraph 58 next followed by a true description of the changes between the 1988 Statement of claim and the 1991 Statement of Claim and then go to his paragraphs 56 and 57.
In my affidavit of October 2005 I had set out the differences between the new 2005 proceeding and the 1988 proceeding and at paragraph 45 of that affidavit I said that the 1988 proceeding was predicated on a belief that the Council had lawfully sealed the plans and lawfully issued Notice of Requirement..
In relation to this at his paragraph 58 Osborn said;
Well – this is simply false and Osborn knew it at the time that he wrote his paragraph 58; as I will shortly show he is relying upon his own perverted and purposefully corrupt misrepresentation of paragraph 20 of the 1991 Amended Statement of Claim to make that false assertion.
Before going on to Osborn’s paragraphs 56 and 57 and his renditon of paragraph 20 of the 1991 Amended Statement of Claim I just point out that at his paragraph 32 Osborn Transcribed subsection 569B(10) of the Local Government Act; s.569B(10) is simply worded, strong and unequivocal; the sealing of a plan is conclusive evidence for all purposes that there has been compliance with the law and all preliminary things have been done.
The simple fact is that, at law, there is no such thing as “not lawfully sealed” and Osborn corrupt contortions of mind are in the face of that fact and also in the face of the 1991 Amended Statement of Claim as I will shortly show.
So for completeness and understanding I now set out the changes between the original 1988 Statement of Claim and the 1991 Amended Statement of Claim and the reasons for those changes between the initial 1988 Statement of Claim and the 1991 Amended Statement of Claim.
The initial Statement of Claim in the 1988 proceeding was drawn by barrister, Peter Power, shortly before he was appointed a Magistrate. In relevant parts the initial 1988 Statement of Claim alleged;
At Paragraph 7 that on or about 20th February 1980 the Council served a Notice of Requirement for road works and water works (the Original paragraph 7 and paragraph 7 in the 1991 Amended Statement of Claim were identical and as set out in the above reproduced paragraph 7)
At Paragraph 18 that the Council “lifted” that requirement
paragraph 20 of that initial 1988 Statement of Claim alleged;
In the premises;
No additional or substitute requirement could lawfully be lawfully be made ……….
The firstnamed Defendant was not at any material time Lawfully entitled to (i) request; or; (ii) accept from; the Plaintiffs the sum of $25,000 ……..
At the time of initial drafting if the 1988 Statement of Claim I was thoroughly aware of the purpose of the contrived plans but I had read the simple legislation and knew that Buchanan and his solicitor were monkey brains and that the plans did not facilitate avoidance of s.9. Peter Power was fully aware of these things but because of the Councils sworn evidence that it had processed the 18 lot plan in several parts and the operation of s.569B(10) which fixes everything nothing was pleaded in respect to that aspect.
Because Peter Power was no longer available barrister Francis Tiernan assumed conduct of the matter and after tortuous discovery we learned that the global plan had been filed on 12th February 1980 while the contrived plans had in fact been filed on 4th March 1980 and not on 12th February 1980 as sworn to by the Council.
I also deduced that in addition to the Notice of Requirement related to the 18 lot plan the Council had additionally issued separate Notices of Requirement in respect to each of the contrived plans and that each additional Notice had been backdated to 20th February 1980 being the date of resolution to serve Notice of Requirement in respect of the global 18 lot plan. This also meant nothing because lawful or not, contrived or not, these additional notices did not add to, multiply or divide or substract from the obligation placed on Buchanan by the “Requirement” said to have been served in respect of the global plan and which on the sworn representation of the Council and the subsequent representations of the Council and Water Authority extended to the several parts of that global plan and because the contrived plans were several parts of the 18 lot global plan the backdating of the Notices to the enabling resolution was not illegitimate.
Because the additional separate Notices of Requirement, lawful or not, were irrelevant and added or subtracted nothing and because their existence was deduced rather than proven it was decided to not plead anything of them. The 1988 Statements of claim do not plead anything at all in respect of these additional and superfuous Notices of Requirement
Francis Tiernan noticed an inaccuracy or lack of relevance in paragraph 20 of the initial Statement of Claim in that it alleged that the Council was not entitled to my guarantees because there was no power to amend or substitute a Requirement whereas the Council had never purported to amend or substitute the Requirement. The Council in fact relied on the “Requirement” set out in the Notice of Requirement, as served, as empowering it to hold and call upon my guarantee. In addition, in his Reasons Justice Kaye noted that the Council had not purported to amend or substitute the “Requirement” and he found that the “Requirement” as served was a “Requirement” under s.569E(1)(a) which required Buchanan to construct the roads and it was not a “Requirement” under either 569E(1)(b) or (d) empowering the Council to hold and call upon guarantees.
This finding by Justice Kaye was a finding that there was a “Requirement” requiring construction of the roads and that there was no “Requirement” empowering the Council to hold or call upon the guarantees.
In other words the Council claimed that the “Requirement” set out in the Notice of Requirement empowered the holding and calling up of the guarantees but the fact was that there was no such “purported” “Requirement”. The Notice of Requirement did not set out any such “purported” “Requirement”, the “Requirement” served was unequivocally a “Requirement” requiring construction of roads and water works.
In addition Francis Tiernan noted a further slight inaccuracy; at paragraph 18 Peter Power had pleaded “lift” the requirement whereas the power of the Council was to “withdraw” the requirement.
Important concept;: as detailed above a “Requirement” is the duty or obligation imposed. A “Notice of Requirement” is a document giving notice of the “Requirement” expressly set out in that Notice. The Notice of Requirement and the “Requirement” are two discrete things. A “Requirement” is served by means of a “Notice of Requirement”.
Francis Tiernan was also well aware of the additional and superfluous Notices of Requirement but because they were merely additional and superfuous it was decided not to plead them.
Accordingly Francis Tiernan amended the Statement of Claim to read to read; (in relevant parts)
7) On or about 20 February 1980 the Council served a Notice of Requirement Requiring construction of road works on the land and water works on the land.
18) On or about 19 November 1980 the Council withdrew the requirement within the meaning of s.569E(3)(ca)
20) In the premises the firstnamed defendant was not entitled to retain and/or call upon the guarantee….
(a)That it failed to comply properly ….. 569 and 569E in that;
(i) There was no or no proper or sufficient notices of intention given by the subdivider
(ii) The plans of subdivision sealed …… contravened
Did not show all allotments
Did not show all the roads
(iiI) The firstnamed Defendant did not serve or cause to be served on the subdivider any, or any proper or sufficient requirements within the meaning of s.569E(3)(b)
(iv) The purported requirements had been withdrawn.
(b) There was no other valid and/or enforceable basis or ground upon which the firstnamed Defendant could retain and or call up the first bank guarantee.
Paragraphs 7 and 20 of the 1991 Amended Statement of Claim are carefully, accurately and well worded and are in exact accord with Justice Kaye’s Reasons and the Council’s stated position and sword evidence.
Paragraph 7 Alleges service of a Notice of Requirement and that the “Requirement” set out in that Notice was a “Requirement” requiring construction of roads and water works. i..e it follows that the “Requirement” set out in that Notice was not a “Requirement” empowering holding and calling up of guarantees and thus a “Requirement” empowering holding and calling up of bank guarantees was not served.
Paragraph 20 does not allege or imply that that the Council did not serve a Notice of Requirement and does not allege or imply that the “Requirement” and Notice referred to in paragraph 7 was not served or was not proper. Paragraph 20 carefully alleges that the Council did not serve a “Requirement” empowering holding and calling up of guarantees.
In other words paragraph 20 relies on the fact that the Notice of Requirement referred to in paragraph 7 did not contain or set out a “Requirement” empowering holding and calling up of bank guarantees.
Paragraph 20 does not fly in the face of paragraph 7. Paragraph 7 alleges service of a Notice of Requirement requiring construction of roads etc, paragraph 20 does not allege that; that self same Notice of Requirement and Requirement was not served and nor does paragraph 20 allege that the Notice of Requirement alleged at paragraph 7 was not proper or sufficent to impose a requirement for construction of roads etc.
In other words at paragraph 7 and 18 the Amended Statement of Claim unequivocally pleaded;
that the Council had Served a Notice of Requirement requiring construction of roads and water works; and;
that the Council had lawfully withdrawn that requirement within the meaning of s.569E(3)(ca)
Then in respect to the purported “requirement” under which the Council purported to be empowered to hold and call upon the guarantees subparagraphs 20)a)iii) and iv) of the Amended Statement of Claim separately pleaded;
The firstnamed Defendant did not serve or cause to be served on the subdivider any, or any proper or sufficient requirements within the meaning of s.569E(3)(b)
The purported requirements had been withdrawn.
That this is what is actually pleaded and intended to be pleaded is demonstrated by Fancis Tiernan’s handwritten notes from which he made submissions during the first day of hearing of the 1988 proceeding. See paragraph 8 on page 11 of Francis’ notes. (Complete notes here)
Now we’ll see what Osborn’s corrupt Rendition of that paragraph 20 is. The next copy section is Osborn’s paragraph 56 wherein he transcribed paragraph 20 of the 1991 Amended Statement of Claim.
Notably Osborn emphasised (italicised) subparagraphs 20(a)(i) and 20(a)(ii)(B) of the 1991 Amended Statement of Claim; we shall soon see the convoluted corrupt purpose for that.
Then at his paragraph 57, with reference to his paragraph 56 and the transcribed paragraph 20 Osborn comments on my affidavit where I said that the 1988 proceeding was predicated on a belief that the Council had lawfully sealed the plans and lawfully issued Notice of Requirement and in respect of this, at his paragraph 58 Osborn says;
Here Osborn implies that paragraph 20 of the 1991 Amended Statement of Claim alleged “unlawful sealing” of the supposed “unlawful plans” and also alleged that no lawful Notice of Requirement was issued in respect to the construction of roads etc. His paragraph 58 then expressly asserts these implied assertions
From Osborn’s paragraph 57 to his paragraph 58 his perverse allegation has grown from “this pleading” (paragraph 20) to “the Amended Statement of Claim”
Now the simple fact, known to Osborn is that the 1991 Amended Statement of Claim makes no such allegations.
Corrupt liitle Osborn is contorting the allegations at subparagraphs (20)(a)(ii)A and B that the plans did not show all the allotments or all of the roads to be an allegation described by him as “…. ….specifically alleges that the plans were not lawfully sealed … …”
I understand that Osborn’s job (his vocation is deceit) is to read and interpret Statements of Claim and various pleadings and he has probably seen and read three or four and written one or two in his career so far and he knew full well that not only did the Amended Statement of Claim NOT allege as asserted by him it would be a nonsense because of the operation of s569B(10). In addition his further assertion that the Amended Statement of Claim alleges “lawful notices of requirement were not issued” is simply a damn lie.
In the circumstances Osborn’s assertions are fraudulent misrepresentations for his own ulterior purposes as we shall see.
Yes; “this pleading”; paragraph 20 of the 1991 Amended Statement of Claim alleged those things
(a) and (b) go to mala fides and do not allege or impy “unlawful sealing” which would be in the face of s.569B(10).
(c) and (d) relate to the Council’s “purported” “Requirement” empowering it to hold and call upon my bank guarantees.
s.569B(10) fixed (a) and (b). Nothing earth shattering here apart from corrupt advocate Osborn’s corrupt misrepresentations according to his corrupt little plan. See his paragraph 58.
Then at his paragraph 60;
The emphasis on the above reprouced paragraph 60 are obviously mine.
Here Osborn is very carefully and for corrupt purpose misrepresenting the facts; here he says that;
“the critical allegation now relied upon is that the Council did not serve proper “requirements”.
The plaintiffs’ awareness ….triggered….. that the plan 79305G did not show all the roads…..
Now each of these things are simply false;
As set out above the first critical allegation relied upon in the 2005 proceeding was that the Council Abandoned the 18 lot plan and did not process it any further after 20th February 1980 and did not serve the Notice of Requirement in respect of that plan. (See 2005 Amended Statement of Claim paragraphs T5 and T6)
It was this “realisation” which gave rise to the obvious and inseparable corollary and implication that the Council’s resolution of 20th February 1980 in respect of that 18 lot plan was also abandoned. The further obvious corrollary is that each of the silly little contrived plans were processed discretely from the 18 lot plan and without the benefit of the resolution to impose a “Requirement” in respect of that 18 lot plan.
This is not one and the same as “did not serve proper requirements” as deceifully asserted by Osborn.
Osborn then makes the preposterous assertion that; “The Plaintiffs awareness ……. said to be triggered by the recent realisation that plan 79305G did not show all the roads ….. “. Osborn is in fact saying that I claim to have realised his fabricated rendition because “the plan 79305G did not show all the roads ……”
In the face of these things, as we have seen from Osborn’s paragraphs 5 and 6, under the heading “Tylden Rd Factual Background”; Osborn said;
If the “series of plans of subdivision which were in effect stages” were stages in fact or effect as asserted by Osborn then each plan does show all the roads pertinent to each stage.
By these paragaphs 5 and 6 Osborn effectively denies and conceals the exact same things as the Council and Water Authority denied and concealed by their various perjury, false admissions and falsified discovery.
By these paragraphs 5 and 6 Osborn conceals and denies the true roots of the true “cause of action” and the fact that the Council and Water Authority concealed the cause of action and that the concealment was wrong, known to be wrong and was done with serious moral turpitude.
After denying and concealing the roots of the true “cause of action” Osborn then goes on to effectively assert that the roots of the cause of action are;
that the Council “did not serve proper requirements“; and;
that “the plans were not lawfully sealed”
Osborn then falsely asserts that both of these things were pleaded in the 1991 Amended Statement of Claim.
Here Osborn falsely asserts that the “present proceeding” contends that the sealing and certifying of the plans of subdivision for Tylden Rd and Woodleigh Heights “were not simply unlawful” but constitute acts of misfeasance. He also falsely asserts that the unlawful sealing and certifying had previously been contended in respect of the residential component of the Tylden Rd Land.
Both assertions are manifeslty false and fly in the face of the actual pleadings and in the face of s.569B(10).
These false assertions in respect to the “present proceeding” and the previous 1988 Tylden Rd proceeding flow from Osborn’s overt misrepresentations as to the gravamen and specific pleadings of both proceedings.
I discuss the Woodleigh Heights aspect of this paragraph at Footnote B.
The fact known to Osborn was that the facts of the previous proceeding was the total antithesis of the “present proceeding” and not “the same matrix of fact” as asserted by him.
Next Osborn starts to make the Master’s fatally flawed Reasons look good; just the start.
Next is surrogate advocate Osborn’s paragraphs 87 to 89 which I have dealt with in Chapters 1 and 4 and where Osborn appoints himself as surrogate corrupt advocate.
Subparagraph (a) relies upon Osborn’s denial and concealment of the perjurous evidence of the Council and of the fact that the Council and Water Authority concealed the true facts during the entire 1988 proceeding and at the time of signing the terms of settlement. The Terms of Settlement were in fact obtained in fraud.
Subparagraphs (b), (c), (d) and (e) all rely Osborn’s denial of the true roots of the “cause of action” at his paragraphs 5 and 6 and his further misrepresentations in respect to the 1991 Amended Statement of Claim.
Osborn is doing a better job than the Council’s perjury at concealing the true root of the true “cause of action”, namely the abandonment of the resolution of 20th February 1980; Osborn simply asserts as fact that the resolution was not abandoned.
Osborn’s paragraph 102 deals with Woodleigh Heights which I shall deal with later. Paragraph 103 deals with releases.
Osborn then goes on with his outright corrupt, fraudulent misrepresentations.
I have dealth with these things above.
Then;
Yes – The identical fraud as used by Osborn at his paragraphs 3, 4, 5 and 6. The Council concealed that the 18 lot plan and associated resolution of 20th February had been abandoned. Osborn simply declares it as fact that the resolution of 20th February 1980 remains on foot and the “Requirements” for each of Osborn’s “effective stages” were imposed pursuant to that resolution. Identical net effect to the Council’s perjury. Both corrupt.
Osborn then transcribed the Masters paragraphs 35
The “this aspect of the matter” referred to at Osborn’s paragraph 113 is the “relevant right of action” referred to in his paragraph 112. Here is a strongly implied, if not express assertion by Osborn that the Master considered “this aspect of the matter” or one and the same as our corrupt little judge is now purporting to adjudicate upon. The Master of course adjudicated on whether or not I knew about those silly little plans while Osborn is purporting to adjudicate his “different framework”. Osborn is corruptly providing verisimilitude to what he knows to be the fatally flawed Reasons of the Master because as we shall see by astonishing convolutions of mind Osborn corruptly relies on these silly little plans to render the “Requirements” invalid.
Next Osborn transcribes from my affidavit of 18th October 2005; I think only the conclusion aspects are relevant
As to my conclusion in f)i), On what could be shown by me at the time of the 1988 proceedings the Notices of Requirement related to the “several parts” had not been illegitimately pre-dated to accord with the enabling resolution of 20th February 1980, in the circumstances then claimed by the Council the predating was legitmate to accord with the date of the enabling resolution.
Upon concluding abandonment of the 18 lot (global) plan and associated resolution the pre-dating became falsely and fraudulently dated to give the appearance that the resolution of 20th February was relevant and authorising while the Council knew full well that the 18 lot plan and associated resolution had been abandoned..
As to my conclusion f)ii) it is significant to note that I do not expressly assert the corollary of the abandonment of the 18 lot plan and that corollary is that the resolution of 20th February 1980 was also abandoned. It is then significant to note that in his paragraphs 3, 4, 5 and 6 Osborn does not mention the abandonment of the 18 lot plan and he does keep the resolution of 20th February on foot and on Osborn’s facts the “seven plans comprising the residential series of plans” were then (legitimately) endorsed with a “Requirement” pursuant to the resolution of 20th February 1980 and on Osborn’s facts it follows that the separate Notices of Requirement were also legitimately issued and served.
As to my conclusion f)iii) because the 18 lot plan and associated resolution of 20th February 1980 had been abandoned the Notice of Requirement which was in evidence before the Magistrate and Justice Kaye had been fabricated to make it appear to have been issued pursuant to the resolution of 20th February 1980 and Wilson knew full well that his evidence that the Notice of Requirement in evidence had been issued and served on or about 20th February and pursuant to the resolution of 20th February was false and perjurous. Notably Osborn makes no mention of the Notices of Requirement in his carefully worded “Factual Background”
Osborn very carefully omitted very salient facts from his “Factual Background” and misrepresented what was necessary to his “different framework”.
Osborn then goes on;
At the time of the 1988 proceeding I was thoroughly aware of Buchanan’s criminal intent to avoid section 9 of the Sale of Land but the fact was that these siilly little plans did not facilitate such avoidance and on the facts as fraudulently represented by the Council and Water Authority that the 18 lot plan had been kept on foot and then processed in several parts the allegation referred to by Osborn at his subparagraphs 115(a) and (b) were allegations in respect to Buchanan’s intentions but which could not be demonstrated or proven as against the Council because on the Council’s representatons that each of the silly little plans was a legitimate part of the 18 lot plan then each such plan did show all of the streets and roads pertinent to each such part or plan.
In addition to the extent that there may have been anything unlawful the things set out in Osborn’s subparagraphs 115(a) and (b) were fixed by s569B(10).
Osborns subparagraph 115(c) is simply false, it is his mispresetation of subparagraph 20(a)(iii) of the 1991 Amended Statement of Claim as discussed above.
Osborn then goes on;

On Osborn’s 115(c) such conjecture hardly seems necessary; on the one hand his paragraph 115(c) asserts precisely what his paragraph 116 postulates; I think that Osborn himself was somewhat confused by his own fraudulent convolutions of mind.
On the face of it Osborn is relying on his own flat out lies and in particular his flat out lie at his paragraph 115(c) which is his fraudulent rendition of paragraph 20 of the 1991 Amended Statement of Claim.
On Osborn’s “Factual Background” the “Requirements” and the Notices of Requirement which would have consequently issued would be valid in all respects. On Osborn’s “factual background” at his paragraphs 3, 4, 5 and 6 each of the Notices of Requirement which would have subsequently issued in related to the contrived plans or “in effect stages” as he refers to them would be entirely legal; as “effective stages” of the 18 lot plan and associated resolution they have the benefit and force of the enabling resolution of 20th February 1980 as expressly and unequivocally asserted by Osborn at his paragraph 6..
My personal view is that Osborn has got so caught up in his Gordian knot of fraud and deceit even he does not know what he is saying or trying to say; he’s just fabricating as best he can to achieve his corrupt purpose of upholding the Masters Reasons and Orders and concealing the corrupt conduct of his and the Court’s friends.

A little more verisimilitude for the Master. According to Osborn “Master Efthim highlighted the relevant extracts…”; the question is relevant to what?
The Master adjudicated on silly little plans, Osborn was adjudicating on corrupt surrogate advocate Osborn’s “different framework”. Osborn went on to transcribe the Master’s transcription from the Book of Pleadings. As we shall see however Osborn’s corrupt little scheme was to have these silly little plans render the “Requirements”/”Notices of Requirement” invalid and thereby be roughly in accord with the Master and the pseudo “cause of action” put forward by his corrupt little friends.
The point Osborn was making or seeking to strongly imply was that he and the Master had concluded the same thing and on Osborn’s rendition that thing was long standing knowledge of what Osborn said at his paragraph 116 “the central fact that valid notices of requirement were not served…” Fascinating, the Master didn’t even know they were relevant and that their true status had been concealed from the Courts and myself. Master Efthim adjudicated on my knowledge of the silly little plans which was the entire reason that corrupt advocate Osborn had to adopt his “different framework”
Here Osborn is corruptly and fraudulently providing verisimilitude to the Masters fatally flawed Reasons.
On the face of it I think that Osborn is trying to assert, without actually asserting it, that knowledge of “unlawful plans” and “unlawful sealing” somehow gives rise to unlawful Notices of Requirement and knowledge of them but the problem there is this annoying 569B(10) which fixes everything except the consequence of breach of s.569B(7)(a)(iii) and what he is saying is the ultimate in absurdities in any event.



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With regard to 118(a) and (b) YES — I also understand salmon was about $10,00 a kilo at that time and trout was a little cheaper. Osborn should have said something of the price of minnows or whether I had eggs for breakfast.
In relation to 118 (b) I refer to Osborn’s paragraphs 3, 4, 5 and 6, in those circumstances all entirely legitimate. The additional Notices were dated in accord with their enabling resolution. As pointed out above Osborn’s pargraphs 3, 4, 5 and 6 are in exact accord with the Council’s perjurous evidence.
118 (c) YES excepting that Osborn very carefully reduces the “Notice of Requirement” referred to in the paragraph 7 of the 1991 Amended Statement of Claim to “the PURPORTED “requirement” of 20th February 1980 which is very carefully in accord with his flat out misrepresentation of paragraph 20(a)(iii) of the 1991 Amended Statement of Claim
118 (d) Another damn flat out, in your face lie. This man is a fraudster. I refer to the page 9 of the Book of Pleadings and numerous other entries which expressly assert and imply that I believed that the Notice of Requirement referred to in the abovementioned paragraph 7 had been served and that the “Requirement” imposed in respect of the “global” plan extended to each of the “several parts” or “effective stages” and that Buchanan was lawfully bound by that “Requirement” until, as the Book of Pleadings says; the Council “let Buchanan of the hook so to speak” by lifting the “Requirement” when the Council wrongly accepted my guarantees.
In addition, in respect to Osborn’s paragraph 118(d), in the circumstances perjourously asserted by the Council and Water Authority and corruptly asserted be Osborn at his paragraphs 3 to 6 it matters not as to whether or not the Notice of Requirement related to the 18 lot plan was served, the only relevancy is as to whether or not either the Notice of Requirement related to the 18 lot plan AND/OR the several Notices of Requirement served in respect of each of the silly little plans had the benfit of the enabling resolution of 20th February and the several sillly little plans were processed as several parts of the 18 lot plan as asserted by the Council and Water Authority or as “in effect stages” of the global plan as equivalently asserted by Osborn. On the Council and Osborns fraudulent assertions the service or not of the Notice of Requirement related to the 18 lot plan was irrelevant.
The non service of the Notice of Requirement related to the 18 lot plan was merely corroberating evidence of abandonment of the 18 lot plan and associated resolution yet Osborn asserts that the resolution was not abandoned.
In addition Osborn’s states at his paragraph 118; the 1991 Amended Statement of Claim was drafted subsequent to the Book of Pleadings; despite Osborn’s dishonest assertions paragraph 7 of the 1991 Amended Statement of Claim specifically alleges service of the Notice of Requirement which he falsely asserts that the prior or earlier Book of Pleadings demonstrates my awareness that it was not served.
Notably at his paragraph 118(c) Osborn is explicit, he says “no notice of requirement” — he is not limiting himself to “valid” or “proper” as in his earlier paragraphs.
I think Osborn is presenting a bunch of random pronouncements to look relevant because the ordinary reader would not have a damn clue and then in between these random pronouncements he slots in his lies and deceit at random spots and he relies upon the fact that his little fraud is published under the banner of the Supreme Court.
Osborn is a flat out fraudster. I think it probable that it was he who also fabricated the fraudulent “Authenticated Orders”; all three of them and it was probably Osborn who passed them to Garde or Edward for subsequent corrupt uttering.
The fraudulently fabricated “Authenticated Orders” were fabricated, communicated and uttered for the express purpose of denying or blocking a forum for my assertions and thereby concealing the matters and things which I am now setting out.
Then in apparent culmination we have this classic;




So now we finally get to the real crux of Osborn’s little fraudulent scheme; he rendered the “Requirements” valid at his paragraphs 3, 4, 5 and 6 and then he renders them invalid because of these ludicrous things and fraudulently and corruptly asserts that I knew they were invalidated by these moronically absurd and irrelevant things.
138(a) – When the 18 lot “global” plan and Notice of Intention was given !!!!!!!!!!!!! ????????????
138(b) – When, on the Council’s assertion each “part” showed only the roads pertinent to that part and on Osborn’s assertion of fact as to “effective stages” that each plan showed all of the roads pertinent to each such “part” or “effective stage” !!!!!!!!!!!!! ???????????
138(c) When on the Council’ assertion as to “parts” and on Osborn’s fact as to “effective stages” the Notices of Requirement” were predated to reflect the date of the legitimately enabling resolution. !!!!!!!!!!!!! ?????????
As to Osborn’s paragraph 138(a). Buchanan filed Notice of Intention in respect of the “global plans of subdivision” on 12th February 1980. The Council did not even consider those plans until 20th February 1980 yet Osborn asserts I was aware that “The Defendants had issued invalid s.569E Notices” when “notice of intention to subdivide had been given ………. “
As to Osborn’s paragraph 138(b), that is simply a preposterous assertion; I am not sure if he trying to corruptly assert that the fact that some of the plans only showed part of the roads rendered the plans unlawful or unlawfully sealed or somehow rendered the Notices of Requirement served (lawfully n the circumstances described at his paragraphs 3 to 6) were somehow rendered invalid because some of the plans showed only part of the roads but Osborn’s problem there is that even if this preposterous asserton were somehow true the fact is that three of the seven silly little plams show the whole of the road.
As to Osborn’s paragraph 138(c) the simple fact is that on the perjurous evidence of the Council and on the fraudulent representations of Osborn at his paragraphs 3 to 6 it cannot be said that the backdating to the date of the enabling resoliution was improper. There is one thing and one thing only which can render the backdating improper and render the Notices of Requirement served in respect of the silly little plans fabricated and that one thing is that the 18 lot plan and associated resolution was abandoned and the silly little plans processed discretely from the 18 lot plan and associated resolution but the Council and the Water Authority and now corrupt little Osborn fraudulently each denied and concealed that fact.
Each of these things asserted by Osborn are simply absurd. They are fraudulent in your face fabrications.
Little wonder Osborn or his corrupt friends fabricated the “fraudulent Authenticated Orders”, if this material had come before an honest Judge of the Court of Appeal ………….
For his corrupt scheme this grossly dishonest little man had to deny the true root of the cause of action which was the abandonment of the 18 lot plan and associated resolution of 20th February 1980 because the manifest fact is that the Council had concealed that fact by perjury and by false admissions to the above reproduced paragraph 7 and by the overt restatement of that perjury during the 1988 proceeding so this corrupt little man kept that resolution on foot as a fact and then purports to render the “requirements” invalid by virtue of these silly little plans and thereby provide verisimilitude to the Master’s fatally flawed Reasons and also legitimise the corrupt PSEUDO “cause of action” brought by Delany, Garde and Co.
The Master and Delany, Garde and Co had all asserted that the Council and Water Authority had openly disclosed the new “cause of action” but their assertions were in respect to “unlawful sealing” of “unlawful plans”.
So to accord with that at his paragraphs 127 and 128 Osborn said;


Osborn knew full well that the “actions now complained of” resulted from the Council abandoning the 18 lot plan and associated resolution of 20th February 1980 and that this had been concealed by perjury etc and that this concealment was overtly, explicitly and unequivocally repeated in the “discovered” documents”.
Osborn knew full well that the Council and Water Authority did not “voluntarily disclose” the fact of the Council’s perjury or the fact of their respective false admissions and falsified discovery during the 1988 proceeding.
Had the Council and Water Authority openly disclosed the roots of the true “cause of action” there would be no need for Osborn’s overt corruption or the corruption of his friends whom he was seeking to protect.
Osborn concealed and denied these things by his fraudulently fabricated paragraphs 3 to 6 and then corruptly and dishonestly says;


Osborn is simply a flat out fraudulent liar. No such thing was even intimated by me.
Here Osborn specificall says to the effect that I realised that the plans “may have been clipped to conceal the fact that the requirements were made with respect to parts only of the roads ….. “
As I will shortly demonstrate the fact known to Osborn was that my assertion was that the cliipping of the plans concealed the perjury of Graeme Wilson, CEO of the Council when he gave false evidence in the Magistrates Court;
That the Council considered the large plan on 20th February 1980 and resolved to issue and serve on the developer a notice of requirement in relation to the roads shown on the plan and for the provision of water.
That pursuant to the resolution of Council the Council did serve on the developer the Notice of Requirement dated 20th February 1980
That the large plan was processed in seven parts, those parts being sealed by Council on 21st May 1980 with a road-making endorsement placed thereon.
This perjurous evidence by the Council concealed the fact that the large (18 lot) plan had in fact been abandoned and that the contrived series of silly little plans had been processed in lieu of or in substitution for the 18 lot plan and the council had never made a resolution to impose a requirement in respect of any one of those silly little plans.
This fraudulently false assertion at Osborn’s paragraph 129 are fraudulently constructed by him to fit with the corrupt scheme of his fraudulently contrived Reasons.
The scheme of Osborn’s fabricated Reasons was to rely on the identical fraud and perjurous evidence of the Council and Water Authority and conceal and deny the fact that the Notices of Requirement served in respect of the contrived plans had no authorising resolution of the Council and corrupt little Osborn did that at his paragraphs 3 to 6 and then, in the face of s.569B(10), Osborn renders the requirements somehow illegitimate because the plans were somehow ulawful and I refer to his paragraphs 59(b), 115(b) and 138(b) where in the context of “invalid” Requirements Osborn specifically refers to the plans not showing all of the roads.
.Although not expressed by Osborn the fact is that this false assertion by Osborn is derived from paragraph 53 of my affidavit of 18/10/05 and from paragraphs 67 and 69(m) to (ii) of part 1 of my written submission to Osborn or more likely an overt misrepresentation of paragraph 56 of my affidavit to the fraudulent ignore of the said paragraphs of my written submission.
In relevant parts paragraph 53 of my affidavit of 18/10/05 said; (complete affidavit here)
I again began reviewing all of the documents available to me. I re-examined the contents of the large black folder referred to in paragraph 26 of this affidavit.
Upon examining the documents within the black folder it became apparent that there were two versions of the plans for the industrial allotments of the Tylden Rd subdivision. Namely complete versions and clipped versions. I recognised the clipped versions as being the same as those which had been submitted into evidence by Wilson in the 1987 Magistrates Court proceeding and in the subsequent Supreme Court Appeal……….
I then noticed that the black folder also contained copies of the residential series of the Tylden Road plans of subdivision and that these plans had also been clipped and I recognised these clipped plans to also be identical to those which had been admitted into evidence in the Magistrates Court and the Supreme Court Appeal………….
In the Magistrates Court, a bundle of documents was tendered which contained, inter alia, the following documents:-
A large plan showing all of the residential allotments and the complete road.
The seven plans comprising the Residential series of plans, none of which show all of the allotments and none of which show the complete road and all of which had been clipped in the manner described above.
Council minutes for 20th February 1980 containing at item 8 a minute of resolution that the Council serve Notice of Requirement on the subdivider in relation to the subdivision referred to in items 8(a) and 8(b) of the Engineers Report of 20th February 1980.
Engineers report of 20th February 1980 containing:-
at item 8(a) a reference to a 16 lot plan of subdivision owned by Buchanan. (note the reference to 16 is a typographical error and should be 18). Now produced and shown to me and marked with the letters “GAT-12” is a copy of the Engineers Report of 20th February 1980..
at item 8(b) a reference to a 6 lot plan of subdivision (industrial) owned by Buchanan.
Copy of a Notice of Requirement dated 20th February 1980 and bearing the plan reference number 79305/G and a statement that the plan referred to was lodged with the Council on 12th February 1980 and a statement that the Notice of Requirement related to the road shown on the plan.
With reference to the bundle of documents and in particular the documents identified above Graeme Wilson gave evidence inter alia, :-
That the Council had approved a planning permit for the Tylden Rd subdivision permitting 18 residential allotments and 6 industrial allotments.
that the large plan and the series of plans were all filed with the Council on 12th February 1980.
That the Council considered the large plan on 20th February 1980 and resolved to issue and serve on the developer a notice of requirement in relation to the roads shown on the plan and for the provision of water.
That pursuant to the resolution of Council the Council did serve on the developer the Notice of Requirement dated 20th February 1980
That the large plan was processed in seven parts, those parts being sealed by Council on 21st May 1980 with a road-making endorsement placed thereon.
Upon further examination and close reading of the documents it became apparent that the Notice of Requirement which had been admitted into evidence in the Magistrates Court and in the Supreme Court Appeal and which was discovered in the County Court proceeding contained the reference number 79305/G which was sequentially similar to the numbers disclosed on the non clipped versions of the Industrial Plans.
From this I was able to deduce that the Notice of Requirement tendered in evidence in fact related to one of the residential series of plans and not to the large Plan referred to in paragraph 53,c),i),(1) of this affidavit and which large plan showed the whole of the residential allotments and the whole of the road to be constructed.
As a result of perusing the documents in the black folder referred to in paragraph 26 of this affidavit and reviewing the documents tendered in the Magistrates Court and the evidence given by Wilson in that Court I came to a number of conclusions. Those conclusions were:-
As the residential series of plans were filed with the Council on or after the 4th March 1980 the Notice of Requirement given in evidence had been falsely dated 20th February 1980.
The plan of subdivision considered by the Council on 20th February 1980 had been abandoned by both the Council and Buchanan and not further processed. The seven plans comprising the residential series of plans were processed in substitution.
That the Notice of Requirement had in fact been fabricated and that Wilson’s evidence in the Magistrates Court could not be correct.
At the time of Wilson giving his evidence the Council was fully aware of or recklessly indifferent to the existence of the following facts:-
That the large plan in evidence was not a plan of subdivision and was not the plan considered by the Council on 20th February 1980.
That the plans considered by the Council on 20th February 1980 had been abandoned by both the Council and Buchanan and not processed any further since 20th February 1980. The three plans comprising the Industrial series of plans and the seven plans comprising the residential series of plans were unlawfully processed in substitution for the plans considered by the Council on 20th February 1980.
That the Notice of requirement dated 20th February 1980 and given in evidence relates to the plan bearing the identifying number 79305/G and not to the plan considered by the Council on 20th February 1980.
That the plan of subdivision bearing the number 79305/G is in fact only a two lot plan of subdivision, that plan being one of the series of residential and which contains Lot G. and Lot 8.
That the Industrial series of plans and the Residential series of plans bear the identifying number sequence 79305/B to 79305/K inclusive.
That the plan bearing the identifying number 79305/G showed only a very small portion of the road.
That the plans comprising the Industrial series of plans and the Residential series of plans were lodged with the Council on or after 4th March 1980 and not on 12th February 1980
That the copies of the plans given in evidence and comprising the Industrial series of plans and the Residential series of plans had all been clipped in copying so as to omit the abovementioned identifying numbers as described above.
That the clipped copies of the Residential series of plans prevented the Court and myself from becoming aware of the true fact that the Notice of Requirement did not relate to a plan showing creating 18 residential lots and 6 industrial lots and showing the complete road.
That each of the plans comprising the Industrial series of plans and the Residential series of plans each constitute a separate and distinct subdivision each requiring a separate Planning Permit before being lawfully approved.
That there never was any application for a planning permit nor was any planning permit issued permitting any one of the subdivisions created by each of the plans comprising the Industrial series of plans and the Residential series of plans.
Upon reaching the above conclusions it became apparent to me for the first time:-
that the Council had acted maliciously or recklessly by sealing the residential plans contrary to its lawful obligation to refuse to do so.
that Wilson’s evidence given to the Magistrates Court had the effect of concealing the Council’s true conduct from the Court and myself.
I further concluded that at the time of sealing the series of residential plans the Council was not only fully aware that no services existed but it was also fully aware that there was no lawful means of providing or compelling the provisions of those services.
In the face of Osborn’s corrupt assertions the simple fact known to Osborn is that if the series of plans had not been clipped so as to remove the identifying number 79305/G the Council could not have given the false evidence which it did and which evidence was that the Notice of Requirement was served pursuant to Council’s resolution of 20th February 1980 and in respect of the 18 lot plan considered by the Council on that day.
In addition to the foregoing and to further demonstrate Osborn’s fraudulent rendition of my words paragraphs 69(m) thru 69(ii) of part 1 of my written submission to him, in relevant part said; (full part 1 of submission here)
I then began reviewing all of the documents available to me, during this process I re-examined the contents of the Black Folder.
Upon examining the Black Folder and observing incomplete and complete copies of the industrial plans in order it occurred to me for the first time that the plans of subdivision which were exhibited in the Magistrates and Supreme Court and discovered in the County Court may not be just incomplete copies which had been copied on a copier which was too small, for the first time it became apparent to me that they may well have been clipped for a purpose and it may have been that omitting or clipping of the identifying number was significant.
With this in mind I then reflected on the Magistrates Court proceeding.
My object was to discover as to whether or not I could advance my thought that the plans may have been clipped for a purpose.
In the Magistrates Court, a bundle of documents was tendered which contained the documents set out in paragraph 53(c)(i) of my first Affidavit and Wilson for the First Defendant gave evidence as set out in paragraph 53(c)(ii) of my first Affidavit.
The s.569E Notice which was in evidence in the Magistrates Court bore the plan reference 79305/G. From the time of the County Court proceeding I was aware that this reference number in fact related to one of the plans in the series of plans however at the time this meant nothing as the Defendants had discovered a number of single documents as being representative of a number or sequence of similar documents and at the time of the previous Tylden Rd proceeding that was the concept in respect to this particular Notice of Requirement and the fact of a number or series of such notices was consistent with the notion that the single plan had been processed as a series of plans and it followed that the single s.569E Notice which had been issued had also been issued as a series.
At that time it was considered representative of the number of Notices purportedly issued including the Notice which related to the plan of 20th February 1980.
I then discovered that on examining the complete versions of the plans that the alpha lot number or in other words the lot number in the alphabetic series “A”, “B”, “C” etc corresponded with the alpha portion of the plan reference numbers or in other words the plan bearing the number 79305/G was the plan having the allotment “G” on it.
Upon realising this I was in a position to demonstrate that at the time of giving his evidence Wilson was absolutely aware that the s.569E Notice which he had exhibited in the Magistrates Court in fact related to one of the series of plans and specifically not to the plan which the First Defendant had considered on 20th February 1980 as represented in evidence by Wilson. The critical point here is not what I knew by the time of the County Court proceeding but is what Wilson and the First Defendant knew at the time of the Magistrates Court proceeding.
The significance of this was that the First Defendant was suing me in the Magistrates Court for overrun of road construction costs. Plan 79305/G does not show all of the road in respect to which I was being sued. Notices of Requirement by their specific terms relate to the road shown on the plan to which it relates. The plan of 20th February however showed the whole of the road so if no s.569E Notice existed in relation to the Plan of 20th February then the First Defendant, having brought a false action against me was left with no option other than to fabricate the documents by clipping the identifying numbers off and lying to the Court about the facts.
It followed therefore that if there existed a s.569E Notice which related to the plan of 20th February 1980 then it would have been exhibited and there would be no need to exhibit the wrong s.569E Notice and no need to exhibit incomplete or poorly copied plans or as I now conceptualised them to be, “clipped” plans.
It followed therefore that there was in fact no s.569E Notice in relation to the plan of 20th February 1980 and that each of the plans in the series of plans had been clipped to conceal this fact.
From this and now with the benefit of the things learned from discovery in the subsequent County Court proceeding and in particular that the series of plans had in fact been filed on 4th March 1980, it became obvious that the plan of 20th February 1980 had in fact been abandoned and the series of plans had been subsequently filed and accepted and processed in unlawful substitution for the plan of 20th February and that the evidence given by Wilson in both the Magistrates Court and Supreme Court was false and was known to be false at the time it was given.
It then followed that the series of s.569E Notices which purported to have been served, including the one with the reference number 79305/G were served without an enabling resolution of the First Defendant and were therefore without authority of law and were in fact fabricated.
Upon coming to these conclusions I had not only the demonstrable intent of Buchanan to avoid s.9 and the fact of his sales in breach of s.9 but I also had compelling evidence that the Defendants had knowingly and deliberately conspired with Buchanan to this effect in relation to Tylden Rd and the specific method was in accord with my new and holistic understanding of the law which was specifically to seal the contrived series of plans in full knowledge that services did not exist and in full knowledge that there was no lawful means to compel construction of those services.
Upon coming to these realisations in August 2000 I was possessed for the first time of the concepts now set out and which had been concealed from me and the Courts. I therefore for the first time had compelling evidence as to the intent and state of mind of the First Defendant at the time and that the state of mind was that it had abandoned the plan of 20th February 1980 and then accepted the filing of and processed the contrived series of plans in substitution and the evidence was that the intent and state of mind of the First Defendant was to aid and abet Buchanan in his clear intent to avoid s.9.
My unequivocal assertions are that the Council gave perjurous evidence and fabricated documents to conceal the fact that the 18 lot plan and associated resolution of 20th February 1980 had been abandoned and the series of silly little plans processed in unlawful substitution and without the benefit of the Council’s resolution of 20th February 1980.
It is impossible to construe Osborn’s fraudulent paragraph 129 from either my affidavit or my written submission
The only possible source of Osborn’s assertions at his paragraph 129 are his deliberate and purposeful fraudulent fabrications to suit the corrupt and fraudulent scheme of his Reasons.
The scheme of Osborn’s fabricated Reasons was to rely on the identical fraud and perjurous evidence of the Council and Water Authority and conceal and deny the fact that the Notices of Requirement served in respect of the contrived plans had no authorising resolution of the Council and corrupt little Osborn did that at his paragraphs 3 to 6 and then, in the face of s.569B(10), Osborn renders the requirements somehow illegitimate because the plans were somehow ulawful and I refer to his paragraphs 59(b), 115(b) and 138(b) where in the context of “invalid” Requirements Osborn specifically refers to the plans not showing all of the roads.
Contrary to Osborn’s assertion, the discovered documents in the black book did not disclose the fact of the Council’s perjury and falsification of documents and which deceit Osborn himself also employs and denies.
I fully describe the discovery of the Council’s perjury at Chapter 11 hereof.
Then at his pagaragraph 130 Osborn states;

Well of course dishonest little Osborn says this, at his paragraphs 5 and 6 Osborn denied and concealed the exact same thing as the Council concealed by its perjury and falsified documents in the Magistrates Court proceeding and subsequent Supreme Court proceeding and the self same thing as the Council and Water Authority concealed by the eight separate false admissions to paragraph 7 of the 1991 Amended Statement of Claim and concealed by their falsified discovery and in particular;
In discovery the Council and Water Authority discovered the identical plans, including the locality plan, and single Notice of Requirement as had been given in evidence in the Magistrates and Supreme Courts.
At item 13 in their affidavit of documents the Council and Water Authority described the locality plan as:- “Copy plan of subdivision of part crown portion 129 and 132 Parish of Lauriston, County of Dalhousie sealed the 21st May 1980”
Because of inadequate discovery I obtained orders forcing further discover and after three further Affidavits of Documents, of immediate significance or relevance, in response to my demand for discovery of the Notice of Intention related to the Shire Engineers Report and Council’s minute of 20th February 1980 ;
At item 1 of their Supplementary Affidavit of Documents the Council and Water Authority discovered;
A contour plan of the 18 lot subdivision with the handwritten note “Original Sealed 21st May 1980” written on the top right hand corner.
One only Notice of Intention dated 4th March 1980 and that notice had the handwritten note “Note Plan submitted in 5 sections 30th Schedules all identical to this”.
At item 1 of the sworn Supplementary Affidavit of Documents these documents were described as;
Copy of notices in or to the effect of the thirtieth schedule of the LGA submitted to Council in respect to crown portion …. ……. and in particular the Notices in or to the effect of the thirtieth schedule relating to the following plans of subdivision:-
Plan referred to in item 7(c) Shire of Kyneton’s Engineers Report dated 20th February 1980.
These discoveries together with the express descriptions in the Affidavits of Discovery and together with the handwritten notes made on the documents at the time of and for the purpose of discovery were overt repetitions of and emphasis of the evidence given in the Magistrates Court that the 18 lot plan of subdivision considered by the Council on 20th February 1980 was processed by the Council in several parts excepting that from this forced discovery it was apparent that the contrived plans had in fact been filed with the Council on 4th March 1980 and not on 12th February 1980 as had been asserted by the Council in its sworn evidence before the Magistrate and repeated before Justice Kaye and this fact had remained concealed by initial discovery but on the then known facts this changed nothing and did not disprove the Council’s assertion that the fact was and the mind of the Council was that these plans were processed as parts of the 18 lot plan and accordingly the Council’s resolution of 20th February 1980 imposed legitimate “Requirements” on each of the contrived plans .
Osborn fraudulently denies and conceals the true root of the true “cause of action” and then fraudulently denies that the Council and Water Authority did not conceal the things which he fraudulently represents to be the “actions now complained of”
Osbon goes on:




Each of these things I have dealt with above.
Conclusion as to “fact” ??????????
AGREED DOCUMENTARY EVIDENCE ?????
The corrupt little fraudster sat in his private place and concocted everything in the face of everything.
I assume corrupt little Osborn means as agreed between self appointed corrupt advocate Osborn and corrupt Judge Osborn.
This is the line from the Reasons which formed part of the fraudulently fabricated “Authenticated Orders”.
Osborn fabricated his reasons in the seclusion of wherever it is that he secludes himself and in the complete absence of submissions and evidence as to his corruptly fabricated Reasons. He invented them to suit his purpose which was to ignore deny and conceal the fact that Major General Garde QC and Jim Delany SC and their respective junior barristers and instructing solicitors had conspired with one another in the manner now set out by me in Chapters 2 and 3.
“The Honourable” Justice Robert Osborn is overtly corrupt.
By constructing his fraudulent reasons in this manner he was able to ignore, deny, conceal and bypass the actual fraudulent concealment by the Council and Water Authority and to then appear to base his reasons on “unlawful plans” and thereby roughly accord with the Master and the corrupt submissions of Delany, Garde and Co, not forgetting Middleton.
Osborn is a straight out unadulterated fraudster of the most serious kind. His fraud is tantamount to sedition. It undermines the very fabric of society and democracy. Osborn is far worse than any “criminal” sent to gaol by the self same court that provides his corrupt authority. His abject corruption far exceeds any common “criminal” he has pompously passed judgment and comment on. Osborn strikes at the very heart of democracy and ordered society.
One wonders what judgments of this Court can be trusted; until the Government cleans out the corrupt the answer is none. Any one of them may have been a consequence of the submissions of barristers of the ilk of Delany, Garde and Co and/or Middleton and then adjudicated by Judges of the ilk of Osborn.
These things, including the fraudulently fabricated “Authenticated Orders” were in the face of the Justices of the Court of Appeal and they saw nothing. I say they averted their eyes.