RE: CIV 1604 OF 2010: PRINCIPLE OF LAW DOES NOT EXIST IN WESTERN AUSTRALIA

________________________________________
From: Nicholas N Chin [mailto:nnchin09@tpg.com.au]
Sent: Tuesday, June 29, 2010 4:34 PM
To: 'Minister.Hames@dpc.wa.gov.au'; 'alyssa.hayden@mp.wa.gov.au'; 'helen.morton@mp.wa.gov.au'; 'Minister.Faragher@dpc.wa.gov.au'; 'melanie.archer@mp.wa.gov.au'; 'linda.savage@mp.wa.gov.au'; 'alison.xamon@mp.wa.gov.au'
Subject: RE: CIV 1604 OF 2010: PRINCIPLE OF LAW DOES NOT EXIST IN WESTERN AUSTRALIA

NICHOLAS N CHIN
387, ALEXANDER DRIVE
DIANELLA WA 6059
Phone: 08 921757440
Mobile: 0421642735
Email: nnchin@msn.com
Nnchin09@tpg.com.au

Tuesday, June 29, 2010


Hon. Dr Kim Desmond Hames MLA
Deputy Premier; Minister for Health; Indigenous Affairs
Ministerial Office:
28th Floor
Governor Stirling Tower
197 St Georges Terrace
Perth WA 6000
Ph: 9222 8788
Fax: 9222 8799
Email: Minister.Hames@dpc.wa.gov.au

Hon. Alyssa Kathleen Hayden MLC
Electorate: East Metropolitan Region
Electorate Office:
Unit 34, 6 Keane Street
MIDLAND WA 6056
Ph: (08) 9274 8484
Fax: (08) 9274 7874
Email: alyssa.hayden@mp.wa.gov.au

Hon. Helen Margaret Morton MLC
Parliamentary Secretary to the Treasurer; Commerce; Science and Innovation; Housing and Works; Water; Mental Health
Electorate Office:
Unit 2, 201-205 Burslem Drive
MADDINGTON WA 6109
Ph: (08) 9452 8311
Fax: (08) 9452 8366
Email: helen.morton@mp.wa.gov.au
Hon. Donna Evelyn Mary Faragher MLC
Minister for the Environment; Youth
Electorate: East Metropolitan Region
Party: LIB
Ministerial Office :
10th Floor, Dumas House
2 Havelock Street
WEST PERTH WA WA 6005
Ph: (08) 9213 7250
Fax: (08) 9213 7255
Email: Minister.Faragher@dpc.wa.gov.au

Hon. Ljiljanna Maria Ravlich MLC
Shadow Minister for Commerce and Small Business; Government Accountability; Tourism; Training
Electorate: East Metropolitan Region
Party: ALP
Electorate Office:
Unit 3, 263 Walter Road
Morley WA 6062
Ph: (08) 9275 7000
Fax: (08) 9275 7333
Email: melanie.archer@mp.wa.gov.au

Hon. Linda Rosemary Savage MLC
Electorate: East Metropolitan Region
Party: ALP
Electorate Office:
Unit 1, 398 Great Eastern Highway
ASCOT W.A. WA 6104
Ph: (08) 9477 3855
Fax: (08) 9477 4099
Email: linda.savage@mp.wa.gov.au

Hon. Alison Marie Xamon MLC
Electorate: East Metropolitan Region
Party: GWA
Electorate Office:
62 Eighth Avenue
MAYLANDS WA WA 6051
PO Box 104
MAYLANDS WA 6931
(Please direct all mail to the above postal address)
Ph: (08) 9272 1718
Fax: (08) 9272 1719
Email: alison.xamon@mp.wa.gov.au

Dear Sirs

RE: CIV 1604 OF 2010: PRINCIPLE OF RULE OF LAW DOES NOT EXIST IN WESTERN AUSTRALIA

I refer to my longstanding grievance with the Legal Practice Board of Western Australia which allowed the Pseudo Board to usurp the lawful function of the regulator of the legal profession to take away my human right to practice as an independent lawyer in Western Australia. I am tortured as a result against the United Nations Conventions against Torture by the Government of Western Australia. Please do something about this issue. I have addressed this issue in my previous emails to all Parliamentarians of Western Australia.

I appeared before His Honour Justice Le Miere in the above case this morning in which I had made an Application for Mandamus Orders to compel Justice Heenan and Justice Chaney to make a legal determination on one single issue of the legality of the usurping authority of the Pseudo Board which had admitted on many occasions that it is responsible for unreasonably curbing my independent legal practice so that erring lawyers could get away with pillaging and plundering of innocent members of the public with impunity. I went before Justice Heenan in CIV 1019 of 2010 for the ancient prerogative relief of the Writ of Certiorari to review Justice Chaney’s decision and this was denied to me through the jurisdictional of Justice Heenan. I went before Justice Le Miere in CIV 1604 of 2010 for the Mandamus Orders to compel both Justices to do their duties in accordance with their respective Oaths of Office but I was denied justice this morning. If I was denied justice, I must have an explanation and in this case there are no proper explanations of the law and the reasons for his decisions. At best I can say that the reasons he gave is deficient.

The trial judge Justice Chaney as the President of SAT in VR 107 of 2008 had refused to litigate this issue of the Pseudo Board. I sought leave to go to the Court of Appeal to appeal the decision of Justice Chaney in CACV 105 of 2008 but I was unsuccessful. I then went to the High Court of Australia in P1 of 2010 to obtain special leave to appeal the decision of the Court of Appeal in CACV 105 of 2008 but the High Court could only dismiss it because the credibility of Justice Chaney has never been litigated. The credibility of Justice Chaney depends on his willingness to make a legal determination of the interference of the Pseudo Board but he had refused to do so. As long as this issue of the Pseudo Board is never litigated, this issue will not go away and is not res judicata.

I am therefore appealing to all the Members of Parliament in the East Metropolitan Electorate where I live in Dianella to help me to ensure that our justice system does uphold the principle of the rule of law. This means that our justice system must do its duties to make a legal determination of the issue of the Pseudo Board and that it cannot refuse to look at it. If it refused to look at it, it must give sufficient reasons in accordance with the law. Otherwise, members of the public can be plundered and pillaged without conscience and lawyers can get away with their crimes. Our parliament must legislate the necessary law in order to ensure that the public interests is being protected at all costs from lawyers who are advancing their own personal interests ahead of their client’s interests and get away with it, otherwise this principle of law is only being paid lip service to by our regulator of the legal profession.

Please look at my blogspot in order to read more about my case by Googling my name: NICHOLASNCHIN at: http://nicholasnchin.blogspot.com/

Yours faithfully

NICHOLAS N CHIN