The courts do not accept the principle that a commercial lien relies on.
6. An unrebutted affidavit stands as truth in commerce. See 1 Pet. 1:25; Heb. 6:13- 15. Legal maxim: “He who does not deny, admits.”
This commercial law maxim also referenced here http://fduniversity.wikifoundry.com/page/Commercial+Maxims
Is not accepted in Court.
Master Bowman agreed that the Letters Patent appointing the Governor-General, which for Major-General Michael Jeffery and several of his predecessors were clearly stamped with the Great Seal of Australia, should perhaps have been stamped with the Great Seal of Britain instead. But the success of Mr Fitzgibbon ended at this particular concession. “Essentially it is a matter of procedure and not necessarily of substance – that the wrong seal was used,” Master Bowman found in the judgement. “The claim should be struck out on the basis of hopelessness … and, where appropriate, embarrassment.” Accordingly, the judgment of Master Bowman provides no support whatsoever for the contentions for which it is cited in the so-called affidavit/ commercial lien . Secondly, the repeated proposition that the affidavit, being unrefuted, “stood as law and fact” is equally nonsense.
Unrebutted affidavits do not necessarily conclusively establish the facts deposed to in them.
They are evidence of facts. They do not establish them conclusively. Even less do they establish law. Thirdly, 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. Mere receipt or notice of a document does not mean that the recipient acknowledges, accepts or becomes bound by it. In the course of legal proceedings, parties are served with statements of claim and affidavits on a regular basis. The receipt of those documents does not of itself mean that the party is bound by or party to it, any more than receipt of a letter by an addressee means the party accepts its truth or becomes bound by it. The “affidavit/ commercial lien ” demonstrates no defence whatsoever to the winding-up proceedings. The court orders that: (1) The defendant Glenevan Pty Limited be wound up in insolvency; and (2) Christopher Chamberlain of Chamberlains SBR, Suite 103, Level 1, Wollundry Chambers, Johnston Street, Wagga Wagga in the State of New South Wales be appointed Liquidator. (3) The plaintiff’s costs payable out of the assets of the corporation be fixed in the sum of $5,500 inclusive of GST.