| hide details Feb 7 (2 days ago) | ||||||||||||||||||||||||
Dear Ms. Ting
Associate to His Honour Justice Hall
Court of Appeal, Supreme Court of Western Australia
Thank you for your email. I shall consider your suggestion and revert to you if I do decide to read excerpts from the list of authorities. I am now away in Sydney and shall be back by the 8.2.2011.
However, I do wish to read from those authorities which I did before Justice Heenan in CIV 1019 of 2010 to supplement my submissions although there is a hard copy of it already provided to the court.
I wish to let His Honour Justice Hall know that as a preliminary point before the hearing of CACV 41 of 2010 on the 11.3.2011, I want the Court of Appeal to take a stand by prounouncing it in open court with regard to the decision by the Legal Practice Board having decided not to participate in this appeal.
Does this mean that the real regulator of the legal profession in WA is conceding to my appeal as it did on 26.9.2007 by its consent judgment that was taken before the then President Steytler. This would enable the Honourable Court of Appeal to allow me as the Appellant in CACV 41 of 2010 to apply for "default judgment" in default of its defence of the real regulator of the legal profession in WA after I have successfully proven my case?.
Yours faithfully
NICHOLAS N CHIN
Mobile: 0421642735
- Hide quoted text -
On Mon, Feb 7, 2011 at 5:43 PM, <Lilian.Ting@justice.wa.gov.au
Dear Mr Chin,
Thank you for your submissions in relation to the above matter.
I wish to bring to your attention the legal authorities cited on pages 26 -
29 of the White Appeal Book filed at the Supreme Court on 22 Nov 2010.
Pursuant to Supreme Court Practice Direction 2.1 please indicate with an
asterisk the cases from which you intend to read at the hearing. If you do
not intend to read from any of the cases, please let me know. Thank you.
Kind regards,
Lilian
Lilian Ting
Associate to the Hon. Justice Hall
Supreme Court of Western Australia
Stirling Gardens, Barrack Street
Phone: (08) 9421 5113
Fax: (08) 9321 7633
Email: lilian.ting@justice.wa.gov.au
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The Respondent filed a Form 4 within the stipulated time, failing which it would not be allowed to participate in CACV 41 of 2010. See: r.31(4) of the Supreme Court (Court of appeal) Rules, 2005 (WA) which provides:
ReplyDelete"4)If a respondent does not file a Form 4, the respondent is not entitled to take part or be heard in the appeal and is not a party to the appeal for the purposes of these rules."
R.43(2)of the Rules provides:
ReplyDelete"After being served with the appellant’s case, the respondent must file the “Respondent’s answer”.
Compare with the caption of r.31: "Respondent's Options".
This indicates that once the Legal Practice Board has exercised its option to file its appearance in CACV 41 of 2010 in Form 4, it cannot back out of it by failing to file the Respondent's Answer.
This entitles the Appellant to claim as a preliminary point before the Court of Appeal at initial hearing of CACV 41 of 2010 to request the Court of Appeal to make its preliminary stand on this point. Failing which, the Court of Appeal is not the proper forum to hear this case.