From: nnchin@msn.com
To: sam.truglio@justice.wa.gov.au; eddieh@westnet.com.au
Subject: RE: CIV 1877/10 and CIV 1981/10 Ex Parte N N K CHIN
Date: Wed, 16 Feb 2011 16:08:43 +0800
Mr. Sam Truglio
Manager of Listings
Supreme Court of Western Australia
Thank you for your email today and I am surprised to hear that you have already sent me that email on the 5.11.2011 which I have not received. I usually checked my email thoroughly and I am not sure how I could have missed that.
Anyway, I confirmed the following particulars of my telephone conversation with you today:
a) As for CIV 1981 of 2010, I would just have to leave it until I am more free to deal with it. The matter is about the recusal of Ken Martin J but His Honour had already heard the two cases of CIV 1112 of 2007 and the second stage of CIV 1903 of 2009 and disposed of them already. I have appealed against the latter decision in CACV 75 of 2010 and that matter has also been dismissed by Newnes and Pullin JJA. I have now made an application for special leave to appeal to the High Court in P50 of 2010.
b) As for CIV 1877 of 2010, I have today been visited by Mr. Stefens, the Deputy Sheriff who wants to execute the subject void costs order of the Court of Appeal in CACV 107 of 2008 (the subject void costs order).
c) The subject Void Costs Order is the result of a technical slip of Owen J of the Court of Appeal in paragraphs 54 and 55 of the otherwise perfect judgment in CACV 107 of 2008. (the technical slip).
d) The technical slip is repairable by virtue of s.33 of Supreme Court Act, 1935 (WA) which provides:
"If any judgment or order of the Court contains a clerical mistake or any error arising from an accidental slip or omission, the Court may correct the judgment or order without an appeal."
e) This matter need not be decided by a jury as it is clear from the Affidavit of solicitor David Taylor sworn 29.3.2007 in CIV 1131 of 2007 and the letter of Registrar Powell dated 11.6.2009 found at page 136 of the Yellow Appeal Book filed and dated 22.6.2009 at the Court of Appeal; a judicial officer was offering information to cover up the falsification of court records by a solicitor. That information proffered by a judicial officer has been relied upon by Owen J. Therefore, your reference to s.42(2) of the Act might not be relevant in this matter, as the facts of the matter is clear cut and need not rely on a jury to determine the facts.
f) This matter is the subject of the investigation of the Police Department as it contravenes the Criminal Code and the Attorney General of WA has recommended it and I understand that Registrar Powell has been informed by me not to partake in the taxation proceedings of the two bills of costs in CIV 1775 of 2008 and the CACV 107 of 2008 as he would be a judge of his own case. The learned Registrar nevertheless decided to tax those bills of costs but they are not enforceable even through they have been taxed and the Allocatur signed even though the transcript says he is unwilling to sign it. I understand the learned Registrar is no longer contactable at the Supreme Court.
h) Your reference to paragraph 9 of the judgment of Heenan J in Category B of RE JUSTICE KENNETH MARTIN; EX PARTE CHIN [2010] WASC 212 delivered 4.8.2010 is pertinent to my request for CIV 1877 of 2010 to be listed before a Court of Appeal Judge.
i) As you are telling me that it is not possible for you to do so, as it is only possible for you to list it before a Judge of the General Division of the Supreme Court of Western Australia. We will therefore allow a Justice of the General Division to return an Order Nisi on it even though he will have no jurisdiction to deal with it. Subsequently, A court of Appeal judge will then have to deal with the returned Order Nisi for a Court of Appeal Judge to make it Absolute in due course.
j) If you need further information on this you may Google my Blogspsot: NICHOLASNCHIN
In view of the above, I confirm with you my unavailable dates:
a) After 10th April, 2011.
b) 21st February, 23rd February, 11th March, 15th March, 2011.
Yours faithfully.
NICHOLAS NI KOK CHIN
387, ALEXANDER DRIVE, DIANELLA WA 6059
Phone: 0892757440 Mobile: 0421642735.
Email: nnchin1@gmail.com; nnchin@msn.com.
> Subject: Fw: CIV 1877/10 and CIV 1981/10 Ex Parte N N K CHIN
> To: nnchin@msn.com; nnchin1@gmail.com
> From: Sam.Truglio@justice.wa.gov.au
> Date: Wed, 16 Feb 2011 14:18:54 +0800
> Dear Mr Chin,
> My email of 05/11/2010 as discussed.
> yours faithfully
> Sam Truglio
> Manager Listings
> SUPREME COURT OF WESTERN AUSTRALIA
> PH: (08) 9421 5324
> (Email: sam.truglio@justice.wa.gov.au)
> The information contained in this e-mail may be private and personal or
> otherwise confidential. If you are not the intended recipient, any use,
> disclosure or copying of any part of the information is unauthorised. If
> you have received this e-mail in error, please inform the sender and delete
> the document.
> Forwarded by Sam Truglio/Registry/SupCourt on 16/02/2011 02:17 PM
> Sam
> Truglio/Registry/
> SupCourt To
> nnchin@msn.com
> 05/11/2010 11:48 cc
> AM
> Subject
> CIV 1877/10 and CIV 1981/10 Ex
> Parte N N K CHIN
> Dear Mr Chin
> I refer to Notice of Motion filed by you on each of the above matters on 30
> September 2010 and my telephone conversation with you of yesterdays date
> whereby you advised me that you require the Motions to be listed before a
> single Judge of the Court of Appeal.
> As indicated it is my view that the Motions can only be listed before a
> single Judge of the Court of Appeal. At your request I undertook to refer
> the matter to the Court of Appeal Registrar . I am advised by the Court of
> Appeal Registrar that the Court of Appeal does not have any Jurisdiction to
> deal with the matter unless an Order Nisi returnable before the Court of
> Appeal were to be granted. In that regard I refer you to Section 42(2) of
> the Supreme Court Act and Order 56 of the Rules of the Supreme Court. As I
> did yesterday I again refer you to the Judgement of the Honourable Justice
> Heenan delivered on 4 August 2010 in particular paragraph 9 of the
> Judgement.
> If you wish me to proceed to list the Motions before a Judge of the General
> Division I am more than happy to do so, and for that purpose would you
> please provide me with an estimated of the expected length of hearing.
> I also have to hand your facsimile of yesterdays date whereby you have
> advised that you are unavailable for the period commencing 1 December 2010
> to 15 February 2010. As the November 2010 lists are quite full it may not
> be possible to list these matters this month and may have to wait until
> after 15 February 2010. In case an opportunity arise s to this the matters
> for this month would you please advise if you have any unavailable dates
> for the month together with your estimated time for hearing.
> Yours faithfully,
> Sam Truglio
> Manager Listings
> SUPREME COURT OF WESTERN AUSTRALIA
> PH: (08) 9421 5324
> (Email: sam.truglio@justice.wa.gov.au)
> The information contained in this e-mail may be private and personal or
> otherwise confidential. If you are not the intended recipient, any use,
> disclosure or copying of any part of the information is unauthorised. If
> you have received this e-mail in error, please inform the sender and delete
> the document.
> Disclaimer: The information contained in this e-mail may be private and
> personal or otherwise confidential. If you are not the intended
> recipient, any use, disclosure or copying of any part of the
> information is unauthorised. If you have received this e-mail in
> error, please inform the sender and delete the document.
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