IN THE SUPREME COURT OF WESTERN AUSTRALIA CIV NO:1019 OF 2010
HELD AT PERTH
In the matter of an application for Certiorari Orders Nisi to review and quash the decision of the learned President of the State Administrative Tribunal of Western Australia (SAT), the learned Justice Chaney in his res judicata point judgment delivered on 4.11.2009 and the stay of his consequent orders; the res judicata proceedings commenced by the Legal Profession Complaints Committee in VR 87 of 2009 on 30.6.2009 be STAYED pending the decision of this Application.
And
In the matter of an Application Under Order 67 r.5 of the Rules of Supreme Court, 1971 (WA) for Leave to re-file the Amended Papers of the Original Application that were considered and refused by the learned Martin CJ on 14.12.2009 in CIV 3068 of 2009 on grounds that the Notice of Originating Motion were incomprehensible, prolix and replete with derogatory hyperbole and does not appear to be justified by the facts identified in the Affidavit.
EX PARTE: NICHOLAS NI KOK CHIN
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Date of document: 17th April, 2010.
Date of filing: 17th April, 2010.
Filed on behalf of: The Ex parte Applicant
Prepared by:
NICHOLAS NI KOK CHIN Phone: 08 92757440;
387, Alexander Drive, DIANELLA Mobile: 0421642735
WA 6059 Emails: nnchin@msn.com;
nnchin09@tpg.com.au
CHRONOLOGY OF EVENTS FOR HEARING AT 10.30 AM ON WEDNESDAY 21.4.2010 AT COURT 13.1. SUPREME COURT PERTH, LEVEL 13, N0.11, ST GEORGES TERRACE, PERTH WA 6000 BEFORE JUSTICE HEENAN
1. 30.11.2009 Applicant filed CIV 3068 of 2009.
2. 4.12.2009 – CIV 3068 of 2009 was rejected by the Chief Registrar on grounds that is unlikely to succeed and not because it is frivolous or vexatious as provided for in Order 67 r.5 of the RSC.
3. 14.12.2009 CIV 3068 of 2009 re-lodged, pursuant to Order 67r.5 of the RSC -- dismissed by the Honourable Chief Justice Wayne Martin QC on the ground that the matter is pending decision by the High Court of Australia for Special Leave to Appeal in P36 of 2009.
4. 28.12.2009 CIV 3086 of 2009 Application for Certiorari Orders to review the Court of Appeal Decision in Chin v Hall re the error of facts pertaining to the falsification of court records by Mr. David Taylor with the collaboration of judicial officer the learned Registrar Powell as evidenced by his letter dated 11.6.2009 – dismissed by the Honourable Chief Justice, Wayne Martin Q.C on the ground that it already the subject of an Application for Special Leave to Appeal as P1 of 2010 in the High Court of Australia which is currently pending decision.
5. 19.12.2009 - Applicant filed re-amended CIV 3068 of 2009 known as CIV 1019 of 2010 with the Supreme Court of Western Australia.
6. 5.1.2010 – CIV 1019 of 2010 was rejected by the Chief Registrar of the Supreme Court of Western Australia.
7. 6.1.2010 – File re-Amended CIV 1019 of 2010 with request to be heard by another Justice other than the Chief Justice on the ground of bias with two volumes of documents totalling 520 pages.
8. 20.1.2010 – Filed Minute of Proposed Orders in 6 pages in CIV 1019 of 2010.
9. 25.3.2010 – Filed Amended Minute of Proposed Orders in CIV 1019 of 2010 in 6 pages in the light of the dismissal by the High Court of Australia of P36 of 2009 made on 10.3.2010 – caused by the credibility of the trial judge being the learned President of SAT, Justice John Chaney, remaining unimpeached, in both VR 107 of 2008 and CACV 105 of 2008. The deficiency of Justice Chaney’s first judgment re-opens the undecided issues in this Application for Certiorari Orders nisi made for in CIV 1019 of 2010.
10. 25.3.2010 – Filed a 22 page Outline of Written Submissions in 3 copies for CIV 1019 of 20120 to be presented at the hearing before the Learned Justice Heenan on 6.4.2010.
11. 29.3.2010 – Applicant received a facsimile copy of the letter from Mr. Maurice Frederick Law regarding the falsity of the court records in CIV 1131 of 2006 that forms one of the subject matter of Justice Chaney’s error as regards the false concept affecting the Applicant’s propensity to make false allegations against fellow practitioners including Mr. David Taylor. This matter is the current subject of the appeal process in P1 of 2010.
12. 29.3.2010 – Applicant filed the Supplementary Affidavit of 12 pages annexing 123 pages of evidentiary materials in CIV 1019 of 2010 to further embellish and support his case for his Application for Certiorari Orders nisi against the First and Second Judgments of Justice Chaney.
13. 2.4.2010 – Applicant filed in CIV 1019 of 2010 the Amended List of Authorities bearing asterisked cases which will be elaborated in the oral presentation before Justice Heenan.
14. 6.4.2010 – Hearing before Justice Heenan at Supreme Court Perth in court room No.14, Level 14, No.111, St. George’s Terrace, Perth WA 6000 whence an Order was issued by Justice Heenan for the Applicant to serve all relevant documents on the Legal Profession Complaints Committee within 2 days, the LPCC to respond within 10 days and the Application in CIV 1019 of 2010 to be withheld for 14 days pending the response of the LPCC.
15. 7.4.2010 – Applicant complied with the Orders of Justice Heenan in CIV 1019 of 2010 dated 6.4.2010 to serve all relevant papers as evidenced by the facsimile cover letter of Appeal to the Chief Registrar of the Supreme Court marked for the attention of the Associate of Justice Heenan, Mr. Stephen Sommerville dated 7.4.2010. This letter is also copied to the Chief Executive Officer of SAT and to the LPCC.
16. 7.4.2010 – Applicant sent a facsimile letter to the Chief Executive of SAT, copied to the LPCC and the Chief Registrar of the Supreme Court requesting for the transcript of proceedings of Justice Chaney given for the ambushed decision in VR 87 of 2009 on 4.11.2009 and the proceedings conducted in the absence of the Applicant on 16.2.2010. To date, the requested transcripts have not been provided for by SAT to the Applicant. (the request for the 4.11.2009 transcript was made by a telephone request through one Mary of SAT on 8.4.2010 at 9.02 am).
17. 12.4.2010- SAT responded to Applicant by re-listing the directions hearing of the res judicata proceedings in VR 87 of 2009 to be re-scheduled to the 27.4.2010 at 10.30 am.
18. 12.4.2010 – Mr. Maurice Frederick Law sent me a copy of the response he received from the LPCC as a result of his letter to the LPCC dated 29.3.2010.
19. 13.4.2010 – I responded to paragraph 2.2. of that LPCC letter to Mr. Law by way of email explaining the intricacies of the factual circumstances and the related law with regard to the filing and processing of the filing of a Writ of Summons in CIV 1131 of 2006 and the methods of payments of court fees and how the law was being circumvented by the learned Registrar Powell acting in collaboration with Mr. David Taylor.
20. 14.4.2010 – Applicant received an email that the resumed hearing in CIV 1019 of 2010 will be heard on Wednesday 21.4.2010 at 10.30 am at Supreme Court Perth court room 13.1. Level 13, No.111, St. George’s Terrace, Perth WA 6000 when an oral exposition of the asterisked case law in the New List of Authorities will be expected to be made by the Applicant before Justice Heenan.
NICHOLAS N CHIN – SOLICITOR LITIGANT IN PERSON
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