IN THE SUPREME COURT OF WESTERN AUSTRALIA OM NO:1877 OF 2010
HELD AT PERTH
In the matter of the wrongful removal of the Applicant’s
Caveats in the Hazelmere and Mt Lawley Properties of
late Ms. Nancy Cloonan Hall by Master Sanderson in
CIV 1775 of 2008.
And
In the matter of the falsifications of the court records in
CIV 1131 of 2006 by David Taylor Solicitor.
And
In the matter of the judgment of the Court of Appeal of the
Supreme Court of Western Australia in CACV107 of 2008,
particularly at paras. 54 and 55 relying on the letter of
Registrar Powell dated 11.6.2009.
And
In the matter of the Rationale of the High Court in Special
Leave Dispositions of the High Court of Australia in P1
of 2010 providing the legal basis for the causal connection
between the Applicant’s Solicitors Work in CIV 1142 of
2006 and the removal of the caveats of Spunter’s Pty Ltd
in order to enable the Applicant to establish a statutory first
charge over the salvaged properties under s.244 of the former
Legal Practice Act, 2003.
EX PARTE: NICHOLAS NI KOK CHIN
----------------------------------------------------------------------------------
Date of document: 11th June, 2010
Date of filing: 11th June, 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
NOTICE OF ORIGINATING MOTION
----------------------------------------------------------------------------------
TAKE notice that the Supreme Court will be moved at [Perth] on Wednesday 4th day of August, 2010 at the hour of 10.30 in the fore noon, or so soon thereafter as counsel can be heard, by counsel on behalf of NICHOLAS NI KOK for Certiorari Orders Nisi to be made absolute, in terms of the following:
1. Registrar David Powell covered-up for David Taylor Solicitor’s falsifications of the Court Records in CIV 1131 of 2006.
2. Registrar David Powell committed a corrupt act in accordance with subs. 27(3)(c) of the Crime Corruption Commission Act, 2003 as a result of the cover-up.
3. David Taylor Solicitor committed perjury in accordance with s.124 of the Criminal Code Act, 1913.
4. Justice Owen was misled by Registrar Powell’s corrupt act as contained in his letter dated 11.6.2009 and relied upon by him in paragraphs 54 and 55 of the judgment in CACV 107 of 2008.
5. The ruse of the belated payment of court fees by David Taylor Solicitor in CIV 1131 of 2006 in having its purported and fraudulent intended legal effect for the commencement date of 10.2.2006 instead of 16.2.2006 in CIV 1131 of 2006 misfired, and thereby it became a fraud committed upon the court by David Taylor Solicitor.
6. The fraud upon the court has the effect of repulsing the Applicant to stop his further solicitor work until the fraud is corrected by the wrong doer - this stoppage of work legally and synergetically created the causal connection between the Applicant’s solicitor work and the final removal of the Caveats of Spunter Pty Ltd.
7. Master Sanderson’s summary judgment in CIV 1775 of 2008 therefore did not remove the Spunter’s Caveat.
8. The Costs Orders of Master Sanderson and of the Court of Appeal in CACV107 of 2008 be stayed pending the determination of this Application.
9. The Applicant be entitled to a first statutory charge under s.244 of the former Legal Practice Act, 2003 for his Solicitor Work in CIV 1142 of 2006 on the salvaged Hazelmere and Mt Lawley Properties thereby justifying his caveatable interests in Caveat J614059.
10. Damages and Other relief this Honourable Court may deem fit.
11. Costs.
And Further take Notice, that the grounds of this application are:
1) The letter of Registrar David Powell dated 11.6.2009 to the Applicant in response to the latter’s letter dated 5.6.2009 (at page 136 of the Yellow Appeal Book of the Applicant in CACV 107 of 2008 filed and served 22.6.2009) is a cover-up by Registrar Powell for Mr. David Taylor who falsified the court records by David Taylor Solicitor in CIV 1131 of 2006 (Registrar Powell’s Cover-Up).
2) Registrar Powell’s Cover-Up is a corrupt act in accordance with s.27(3)(c ) of the Crime Corruption Commission Act, 2003 because Registrar Powell is reasonably found to have conspired with David Taylor Solicitor contrary to s.121 of the Criminal Code Act, 1913 (WA) (the Criminal Code) (Registrar Powell’s Corrupt Act).
3) David Taylor Solicitor conspires with Registrar Powell by swearing an Affidavit on 27.3.2007 to the effect that he filed the Writ of Summons in CIV 1131 of 2006 on 10.2.2006 at the Registry of the Supreme Court of WA by paying the court fees in two sums of $654.00 with a cheque and 20 cents in cash on 10.2.2006 and he thereby falsified the court records in that case to this effect, contrary to s.85 of the Criminal Code (David Taylor Solicitor’s Falsification of Court Records).
4) Were there the non-existent Registrar Powell’s Corrupt Act and the non-existent David Taylor Solicitor’s Falsification of Court Records, Justice Owen judgment in CACV107 of 2008 would not have been misled in his judgment in CACV 107 of 2008 (Justice Owen being Misled by Registrar’s Powell’s Corrupt Act).
5) Justice Owen is being Misled by Registrar’s Powell’s Corrupt Act is reasonably seen at paragraphs 54 and 55 of Justice Owen’s judgment to the effect that the Writ of Summons in CIV 1131 of 2006 was deposited with the Supreme Court Registry on 10.2.2006 but due to a purported mistake by David Taylor Solicitor in not paying the 20 cents component of the full court fees of $654.20 on time, the purported payment of $654.00 made with a cheque of $654.00 was replaced with a credit card payment of $654.00 and a 20 cents cash payment made at the belated date of 16.2.2006 (the Ruse of a Belated Payment of Court Fees).
6) The Ruse of a Belated Payment of Court Fees caused Master Sanderson to act in excess of his jurisdiction and to deny the Applicant his natural justice thereby causing the Applicant to lose the causal connection between his Solicitor Work in CIV 1142 of 2006 for and on behalf of the late Ms. Nancy Cloonan Hall and the Removal of the Caveats of Spunter Pty Ltd in accordance with the High Court Special Leave Dispositions in P1 of 2010 (the Rationale of the High Court).
7) The Rationale of the High Court empowers the Applicant to have a first charge over the salvaged Hazelmere and Mt. Lawley Properties of the late Ms. Nancy Cloonan Hall and the Applicant should therefore not be subject to the tyrannical and unjustified Costs Orders of both Master Sanderson in CIV 1775 of 2008 and CACV107 of 2008 threatened to be enforced by Mr. Anthony Prime as solicitor for the Plaintiff in CIV1775 of 2008 (the Tyrannical Costs Orders).
8) The issue of the fraud upon the court by David Taylor Solicitor in CIV 1131 of 2006 has been refused litigation by Master Sanderson and is therefore never res judicata and needs to be litigated again in this Application.
9) The ensuing tyrannical Costs Orders by Master Sanderson and Justice Owen is a wrong exercise of discretion for costs by the former and an error of law and facts by Justice Owen.
DATED the 11th day of June, 2010.
………………………………………………………….
(Signed)
Applicant, as the solicitor litigant in person.
This NOTICE was taken out by the Applicant as the solicitor litigant in person and whose address for service is as indicated above.
No comments:
Post a Comment