Your ref: S232/09
Saturday, 12 February 2011The Chief Executive Officer
The State Administrative Tribunal Ground Floor, 12 St Georges Terrace Perth
Postal address: GPO Box U1991 Perth 6845
Telephone: (08) 9219 3111 1300 306 017 Fax: (08) 9325 5099
Postal address: GPO Box U1991 Perth 6845
Telephone: (08) 9219 3111 1300 306 017 Fax: (08) 9325 5099
Atten: Associate of Judge Sharp.
The Legal Profession Complaints Committee
Atten: Legal Officer Ms. LeMiere
PO Box: Z5293, St. Georges Terrace,
PERTH WA 6831 Fax number: 08 9461 2265 Your ref: S232/09
VR 87 0F 2009: LPCC V CHIN
I refer to the above matter and to the transcript of the proceedings before His Honour Judge Sharp dated 26.11.2010. Page 3 of that transcript makes reference to Judge Eckert when it should have been to the Her Honour the then Judge Pritchard and now Justice Pritchard of the Supreme Court of Western Australia. Incidentally, Judge Eckert made the decision in VR137 of 2006 against me which does not contain reasons for her decisions except for what is contained in the transcripts of those proceedings. In those proceedings, my learned friend barrister Quinlan said to Judge Eckert that falsehoods is “okay” to implicate me in the erroneous decision of the learned Judge Eckert confirming the decision of the Pseudo Board to impose conditions on my practice Certificate. Subsequently, I as the appellant in CACV 43 of 2007 and the Legal Practice Board entered into a Consent Judgment before the then President of the Court of Appeal Steytler to set aside the decision of Judge Eckert on 26.9.2007. That decision having been set aside was not honoured by the Pseudo Board and this has led to my appeal in CACV 41 of 2010 which is scheduled to be heard on 11.3.2011.
Please find attached a copy of my email correspondence in two pages between the Associate of Justice Hall Ms. Lilian Ting
dated 7.2.2011 and 12.2.2011and myself including my comments with respect to subrule.31(4) and subrule.43(2) of the
Supreme Court (Court of Appeal) Rules, 2005, which implies that the Legal Practice Board should not have refused to
participate in my appeal in CACV41 of 2010 once it had entered appearance by filing Form 4. Because it had refused to
participate in this appeal as re affirmed in its letter to the Court of Appeal Registrar and to me dated 13.12.2010, I should now
be entitled to a declaration by the Court of Appeal in CACV 41 of 2010 that I am entitled to default judgment as it, through
the LPCC had already refused to answer my case in CIV 1019 of 2010 through the order of Justice Heenan, once before. I
want this stand to be taken by the Court of Appeal when it commences the hearing of this appeal on 11.3.2011. I have been
before too many fora of the Supreme Court of WA which did not ensure that it was carrying out its duties with
independence, integrity and impartiality and hence my sense of apprehension and timidity which had caused my euphoria
and trepedity. I do however, wish to apologize for this my unchecked liberty to express this my sense of euphoria in order
to enable me to attain fair justice, as a form of internal self-defence mechanism, and I hope you would all understand why I
am so passionate in my cause.
dated 7.2.2011 and 12.2.2011and myself including my comments with respect to subrule.31(4) and subrule.43(2) of the
Supreme Court (Court of Appeal) Rules, 2005, which implies that the Legal Practice Board should not have refused to
participate in my appeal in CACV41 of 2010 once it had entered appearance by filing Form 4. Because it had refused to
participate in this appeal as re affirmed in its letter to the Court of Appeal Registrar and to me dated 13.12.2010, I should now
be entitled to a declaration by the Court of Appeal in CACV 41 of 2010 that I am entitled to default judgment as it, through
the LPCC had already refused to answer my case in CIV 1019 of 2010 through the order of Justice Heenan, once before. I
want this stand to be taken by the Court of Appeal when it commences the hearing of this appeal on 11.3.2011. I have been
before too many fora of the Supreme Court of WA which did not ensure that it was carrying out its duties with
independence, integrity and impartiality and hence my sense of apprehension and timidity which had caused my euphoria
and trepedity. I do however, wish to apologize for this my unchecked liberty to express this my sense of euphoria in order
to enable me to attain fair justice, as a form of internal self-defence mechanism, and I hope you would all understand why I
am so passionate in my cause.
Yours faithfully
NICHOLAS N CHIN
c.c.to:The Court of Appeal RegistrarAssociate: Ms. Maria Santos Fax: 08-94215471
The completed Form 4 of the Schedule to the Supreme Court (Court of Appeal) Rules 2005 (the Rules)is an instrument that provides the Respondent to exercise its Option as to whether it would be participating in the Appeal in CACV 41 of 2010 or not. This option is provided for by r.31(4) of the Rules. The Respondent decided not to participate in this Appeal on 29.4.2010.
ReplyDeleteBy deciding not to participate in this appeal, the Respondent does not have to file an Answer pursuant to r.33(2) and (3) of the Rules. It is also free from filing a written outline of submissions pursuant to r.33(5) of the Rules. Ditto for r.33(9)and r.33(10)in respect of its reply to the Appellant's draft chronology and draft indexes, respectively.
ReplyDeleteBy deciding not to participate in this appeal, it is free from filing its Notice of Contention pursuant to r.33(4)(c)of the Rules on the ground that it is upholding the decision of the primary judge, Judge Chaney. Therefore, it is being dishonest here. It knows that Chaney J's decision is flawed and it is still supporting that decision. There is no fair justice and transparency accorded to me by the regulator of the legal profession in WA. It knows that Justice Chaney refused to decide on the three issues:
ReplyDeletea) Solicitor David Taylor falsifying court records in CIV 1131 of 2006, b) Solicitor Timothy Robin Thies plundering and pillaging me and my son and c) the integrity of the Pseudo Board usurping the functions of the real regulator.
Because of the conduct of the Respondent in not participating in this appeal, can I ask for a preliminary stand by the Court of Appeal before the hearing proper of this Appeal? That is the question............
ReplyDelete