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
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Date of document: 9th June, 2010
Date of filing: 9th 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
AFFIDAVIT IN SUPPORT OF NOTICE OF ORIGINATING MOTION FOR CERTIONARI ORDERS AGAINST THE SUMMARY JUDGMENT OF MASTER SANDERSON IN CIV 1775 OF 2008
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Annexure Description Pages
1 Notice of Originating Motion against the Summary Judgment of Master Sanderson in CIV1775 of 2008 3
2 Affidavit in Support of my Notice of Originating Motion as indicated in Doc 1 above.
3 Judgment of Master Sanderson in Audrey Frances Hall as the executrix of the estate of Kenneth Duncan hall v Chin [2008] WASC 255. 4
4. Extracts of the Affidavit of David Taylor Solicitors sworn and filed 27.3.2007 in CIV 1131 of 2006 at pages 46, 47 and 48 of the Yellow Appeal Book filed and served by Applicant in CACV107 of 2008 on 22.6.2009. 3
5 Letter from Registrar Powell dated 11.6.2009 addressed to the Applicant responding to his letter dated 5.6.2006 and using the ruse that there was a mistake in the belated payment of 20 cents made on 16.2.2006 instead of 10.2.2006. This letter misled Justice Owen in his judgment in Doc.6 below at paragraphs 54 and 55 which relied upon this letter. 1
6 Judgment of Court of Appeal of the Supreme Court of Western Australia in Chin v Hall [2009] WASCA 216 (See particularly paragraphs 54 and 55 of the judgment of Justice Owen). 19
7 Judgement of High Court of Australia in Special Leave Dispositions in CHIN V HALL & ORS [2010] HCASL 104 (26 May, 2010) giving the rationale that there must be causal connection between the removal of the Spunter Caveats and the Solicitor’s Works in CIV 1142 of 2006. 1
8. Letter from Applicant to the Legal Profession Complaints Committee dated 1.6.2010 attaching a six page Complaint against David Taylor Solicitor dated 2.6.2010. 8
9 Letter from Applicant to Mr. Anthony Prime of McCallum Donovan Sweeney as solicitors for the Plaintiff in CIV 1775 of 2008 explaining the inequity of enforcing the costs orders of Master Sanderson in CIV1775 of 2008 and Justice Owen in CACV107 of 2008. 1
I, Nicholas Ni Kok Chin, of No. 387, Alexander Drive, DIANELLA, WA 6059, Western Australia, Barrister & Solicitor (currently not certificated), being duly sworn make oath and say as follows:
1. I am the Applicant in the above entitled proceedings and swear this Affidavit (Doc.2) in support of my Application for Certiorari Orders (Doc.1).
2. The facts herein are true and correct, to the best of my knowledge, information and belief. Where I identify the source of facts stated as other than from my own personal knowledge, I believe such facts to be true and correct.
3. The learned Master Sanderson denied me natural justice and is in jurisdictional excesses when he refused to take into consideration the relevant matter of the fraud upon the court in CIV 1131 of 2006 by David Taylor Solicitor who falsified the court records, in his judgment (See Doc.3).
4. David Taylor Solicitor swore an Affidavit in CIV 1131 of 2006 on 29.3.2007 in which he perjured himself when he stated a material fact which he knows to be false to the effect that he did file the Writ of Summons in that case on 10.2.2006 when he actually did so on 16.2.2006 (See Doc. 4).
5. Registrar Powell in his response letter to the Applicant dated 11.6.2009 knowingly conspired with David Taylor Solicitor to commit a corrupt act as a judicial officer by falsely stating that CIV 1131 of 2006 was commenced on 10.2.2006 instead of the actual date of 16.2.2006 (See Doc. 5).
6. Doc 4 and Doc 5 show the conflicting evidence provided by Registrar Powell in his letter dated 11.6.2009 to the effect that the Writ of CIV 1131 of 2006 was deposited with the Supreme Court Registry together with part payment of the fees paid on 10.2.2006 does not tally with the sworn evidence of David Taylor Solicitor that all fees were fully paid on 10.2.2006. This discrepancy misled Justice Owen in the Court of Appeal.
7. The corrupt act of Registrar Powell misled the Court of Appeal to deliver a wrong judgment particularly at paragraphs 54 and 55 of the judgment of Justice Owen of the Court of Appeal in CACV 107 of 2008, which effectively denied the Applicant his right to his just emolument as a legal practitioner for a statutory charge against the salvaged Hazelmere and Mt. Lawley properties of the late Nancy Cloonan Hall (See Doc. 6).
8. The High Court of Australia in the Special Leave Dispositions of P1 of 2010 provides the rationale of the law that there must be a causal connection between the Applicant’s Solicitor Work and the Removal of the Caveats of Spunter Pty Ltd in order to justify the Applicant’s statutory charge of the salvaged properties under s.244 of the Legal Practice Act, 2003 which does not justify the removal of the Applicant’s caveat as it provides a first charge over them (See Doc. 7).
9. As the trial judge in CIV 1775 of 2008 had refused to litigate the issue of the fraud being practiced by David Taylor Solicitor in CIV 1131 of 2006 upon this Honourable Court, this issue must now be litigated in this Certiorari Application to order to enable the Applicant to seek justice in accordance with the law (See Doc.8).
10. This Honourable Court must not allow a travesty of justice to continue to occur and must stop the improper costs order of the trial judge which was made without a legal basis. The Costs Order of Justice Owen is also being nullified by virtue of the fact that His Hour had been misled by the letter of the Registrar Powell dated 11.6.2009 (See Doc. 9).
SWORN by the Deponent at Perth ]
In the State of Western Australia ]
This 9th day of June, 2010 ]……………………………………………..
Before me:
…………………………..
Justice of Peace/ Commissioner of the Supreme Court for Taking Affidavit
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