STATUTORY DECLARATION FOR NEW CAVEAT AGAINST NANCY HALL TWO PROPERTIES IN ACCORDANCE WITH THE EMAIL RESPONSE OF THE REGISTRAR OF TITLES DATED 4.2.2011 TO MY EMAIL DATED 25.1.2011.

WESTERN AUSTRALIA

OATHS, AFFIDAVIT AND STATUTORY DECLARATIONS ACT 2005

STATUTORY DECLARATION

I, NICHOLAS NI KOK CHIN (D.O.B.24.5.1945) of No. 387, Alexander Drive, DIANELLA WA 6059, independent legal information provider, sincerely declare as follows:

1. On 7.2.2006, I entered Caveat J614059C against the two properties of Nancy Hall to whom I had provided my legal services for the removal of Spunter Pty Ltd’s caveat in CIV1142 of 2005.
2. CIV J614059C was supposed to have been removed by solicitor Anthony Prime in CIV 1775 of 2008 by the order of Master Sanderson but I have appealed against that decision in CACV 107 of 2008.
3. The Court of Appeal of the Supreme Court of Western Australia made a technical slip in paragraph 54 and 55 of its judgment in CACV 107 of 2009 which resulted in my making an Application for Special Leave to Appeal in P1 of 2010 to the High Court which did not grant me this leave. 
4. However, the High Court pointed out that Master Sanderson was in error in comparing my s.244 Legal Practice Act, 2003 solicitor charge of Nancy Hall two properties as later in time to that of Nancy Hall’s mortgage of the two properties to Engineering Facilities Pty Ltd, which caused Audrey Frances Hall to inherit the estate of her late husband Kenneth Duncan Hall who is incidentally the brother of the late Nancy Hall.
5. The High Court pointed out that I must prove a causal connection between my solicitor’s work for Nancy Hall in CIV 1142 of 2005 and the removal of Spunter Pty Ltd’s caveat (the causal connection).
6. The causal connection can only be proven if I were able to prove that Solicitor David Taylor as the former solicitor for Mr. Maurice Frederick Law (as director of Spunter Pty Ltd) did not perform his functions for his client Spunter by complying with the order of Jenkins J in CIV 1142 of 2005 by filing the Supreme Court CIV 1131 of 2006 on the 10.2.2006 instead of the 16.2.2006.
7. The Court of Appeal in CACV107 of 2008 made that technical slip by relying on the letter of Registrar David Powell dated 11.6.2009 which effectively covers up the falsifications of the court records by Solicitor David Taylor. 
8. I have sought to repair this technical slip of the Court of Appeal by filing an Application in the Supreme Court CIV1877 of 2010 at the direction of the Court of Appeal Registrar, which application is pending hearing by a Court of Appeal Judge and till today, this matter has not been set down for hearing as it is getting ready to dispose of my appeal in CACV 41 of 2010.  The latter case involves the Pseudo Board of the Legal Practice Board of Western Australia which usurps the lawful function of the real regulator of the legal profession.  The real regulator is not participating in this appeal which would facilitate my obtaining default judgment in default of defence.
9. On 17.12.2010, Registrar Powell indirectly admits that he was in error when he covered up for Solicitor David Powell in the falsification of the court records in CIV 1131 of 2006 in his letter dated 11.6.2009, which letter is contained in the Yellow Appeal Book of CACV 107 of 2009, a copy of which is served with the Registrar of Title.  As a result, despite solicitor Anthony Prime having demanded me to pay the taxed costs of CIV1775 of 2008 and CACV 107 of 2008 by the taxing master, the learned Registrar who is in turn being distrained from signing the Allocatur for those two taxed bill of costs.  This results in those two costs orders being unenforceable against me and this event is the beginning of the light that justice although delayed to me so far is now not going to be denied to me any more.
10. When I was informed that the two properties of Nancy Hall was transferred from Nancy Hall to third parties by Mr. Maurice Frederick Law most recently, I entered into some email correspondence with the Registrar of Titles dated 25.1.2011 for which I received a response from Mr. Rodrigues Bielec of Landgate dated 4.2.2011 to the effect that I need to lodge this new caveat for which I would like to seek an exemption from paying the necessary stamp duty as its purpose is to replace Caveat J614059 which was inadvertently removed by Pullin JA in CACV 107 of 2008 (See the attached email correspondence marked: NNC1-NNC6.)

This declaration is true and I know that it is an offence to make a declaration knowing that it is false in a material particular.

This declaration is made under the Oaths, Affidavits and Statutory Declarations Act, 2005

At …………………………..)

On 10.2.2011……………….)

In the Presence of:………….) 

                                               )…………………………………………

…………………………  … )  Signature of NICHOLAS NI KOK CHIN

Signature of Witness:

Name of Witness: ……………………….

Designation of Witness:…………………