Your ref:
Our Ref: CIV1877-10.
Thursday, February 17, 2011
The LEGAL PROFESSION COMPLAINTS COMMITTEE
Post Office Box Z5293, St Georges Terrace, Perth WA 6831
2nd Floor, Colonial Building, 55 St Georges Terrace, Perth WA 6000
TEL (08) 9461 2299 / FAX (08) 9461 2265 / EMAIL lpcc@lpbwa.com
Dear Sir
COMPLAINT AGAINST MR. ANTHONY PRIME OF MC CALLUM DONOVAN SWEENEY
I refer to the Bill of Costs in CIV 1775 of 2008 and CACV 107 of 2008 in relation to the falsifications of the court records by solicitor David Taylor in CIV 1131 of 2006. This matter is currently the subject of the Major Fraud Squad Investigation and also the subject matter of my Application in CIV 1877 of 2010 for the rectification of the technical slip of the Court of Appeal in paragraphs 54 of 55 of the judgment in CACV 107 of 2008. The Deputy Sheriff Mr. Steefens visited me yesterday and caused me a fright because he wanted to execute those two void costs orders. Luckily, I was able to explain to him the situation and he went away quietly. I have therefore lodged a complaint with the Attorney General Department as a consequence.
Please find attached the two letters from Mr. Anthony Prime relating to his unlawful demands for monies that are the results of the above two void costs orders that was taxed by the learned Registrar Powell on the 3.11.2010 and reviewed on the 17.12.2010 following my Amended Notice of Objection filed in both the two cases dated 10.11.2010. The unlawful demand for monies by solicitor Anthony Prime is based on the following premises:
a) He knows that there are no monies owing on the void costs orders and yet he is making those demands.
b) He knows that the learned Registrar Powell is a judge of his own cause in the two taxation proceedings and therefore his decision to sign the two Allocaturs is invalid.
c) He knows that the signing of the two Allocaturs on the 3.11.2010 is invalid as they were not done after the Review on the 17.12.2010.
d) He knows that Registrar Powell cannot sign the two Allocaturs unless the two bills of costs have been reviewed in accordance with the law following my NOTICE OF OBJECTION which must be filed within TEN days following the taxation on the 3.11.2010.
e) He knows that Registrar Powell signified his intentions not to sign the two Allocaturs as recorded in the transcript of the proceedings dated 17.12.2010.
f) He knows that Registrar Powell’s letter to me dated 11.6.2009 contradicts the material facts as presented by Solicitor David Taylor in his Affidavit sworn 29.3.2007 in CIV1131 of 2006 and the natural conclusion from those facts is that Registrar Powell corroborates the falsifications of court records by Solicitor David Taylor that deprived me of my rights of emoluments for my solicitor work’s performed by me on behalf of the late Nancy Hall to remove the Spunter’s Caveats.
g) He knows that his solicitor work never did remove the Spunter’s Caveat in CIV 1775 of 2008 and that Master Sanderson is in error.
h) He knows that the Court of Appeal relied upon the letter of Registrar Powell dated 11.6.2009 as contained in the Yellow Appeal Book at page 136 filed in CACV 107 of 2008 and as an officer of the court, he should have helped the court to provide justice fairly, equitably and transparently with impartiality, independence and integrity.
If you would like to read more on the intricacies of this matter, please refer to my blogspot by Googling: NICHOLASNCHIN.
Yours faithfully
NICHOLAS N CHIN
Court of Appeal Registrar
Supreme Court of Western Australia
Court of Appeal
Stirling Gardens, Barrack Street
PERTH WA 6000 Phone: 94215333 Fax: 94215471
Ref: CACV 41 OF 2010 and CIV1877 of 2010.
Senior Constable Simon Williams
Perth Police Station
Fax: 08 9223 3731
The Attorney General Department has requested that I make an application for a Suspension Order whilst my other matters are being resolved.
ReplyDeleteThe 3.11.2010 transcript indicates Registrar Powell's intention to sign the two Allocaturs if my objections to the taxation are not limited to the issue of quantum. He, however, did say that he will sign the two Allocaturs forthwith if my objections are in relation to his jurisdictional excesses in that he is a judge of his own cause.
ReplyDeleteThe 17.12.2010 transcript recorded wrongly that Registrar Powell said that he is not going to sign those two Allocaturs. He had indeed signed those two Allocaturs on the 3.11.2010 and he did not wait for the Review proceedings to complete on 17.12.2010 before signed them.
ReplyDeleteThe other issue is whether Registrar Powell is allowed to override the cost orders of the judges who are above himself in ranking i.e. His Honour Justice Owen or Master Sanderson. My personal opinion is that if the relevant authorities enable him to exercise a discretion whether to allow a particular item in the bill of costs or to disallow it. The acid test for allowing or disallowing is the recoverability test.
ReplyDeleteThe touchstone of recovery is whether McCallum Donovan Sweeney through solicitor Anthony Prime had performed his legal services for Audrey Frances Hall. In this case, I am arguing the Spunter Caveats was never removed by him on 19.10.2008 when the learned Master Sanderson delivered his Judgment because the Spunters Caveats had lapsed by virtue of s.138B2(a)the Transfer of Land Act, 1893. I am contending that since David Taylor did not comply with Jenkins J Order in CIV 1142 OF 2005 by the deadline of 21 days which expires on 10.2.2006, then the Spunters Caveats lapsed. Upon the lapsing of those Caveats, I had salvaged the two properties of the late Ms. Nancy Cloonan Hall. My legal service is not confined to refusing to be involved in the furrther litigation of CIV 1131 of 2006 which was filed out of time. My legal services continues for the estate of the late Nancy Hall till today.
ReplyDeleteThe Attorney General of WA has since the 16.2.2011 requested me to file an Application for Suspension Order as the Sheriff has the right to keep on trying to execute the two warrants for the two void costs orders.
ReplyDelete