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The Attorney General of WA the Honourable Christian Porter MLA.,
Senior Constable Simon Williams
Please find my email message below to the Associate of Pullin and Newnes JJA regarding the above matter which was rejected by the Court of Appeal. Had I given the information that Audrey Frances Hall is in her deathbed, it might have caused a stay of execution of the void costs orders.
NICHOLAS N CHIN
Senior Constable Simon Williams
Please find my email message below to the Associate of Pullin and Newnes JJA regarding the above matter which was rejected by the Court of Appeal. Had I given the information that Audrey Frances Hall is in her deathbed, it might have caused a stay of execution of the void costs orders.
NICHOLAS N CHIN
- Hide quoted text -
---------- Forwarded message ----------
From: Nicholas N Chin <nnchin1@gmail.com>
Date: Fri, Apr 1, 2011 at 8:50 PM
Subject: APPLICATION FOR SUSPENSION OF COSTS ORDER IN CACV 107 OF 2008 HEARD AT 2.15P M ON 1.4.2011
To: Associate.Justice.Pullin@
Mr. Anthony Prime as the Solicitor for Mrs. Audrey Frances Hall
McCallum Donovan Sweeney
Barristers & Solicitors
Irwin Chambers
16, Irwin Street, Perth WA 6000
Fax: 9221220 BY FACSIMILE
Dear Sirs
I have received information today that the Plaintiff in CIV 1775 of 2008 and the First Respondent in CACV 107 of 2008 is now terminally ill in hospital. As a result if there is no stay granted to me today in the above matter, I could not possibly be restored to my former position just in case I win my case with regard to Mr. Taylor having falsified the court records in CIV 1131 of 2010 and thereby establishing the casual connection (which is the advice of the High Court in P1 of 2010) between my solicitor's work for Nancy Hall in CIV 1142 of 2005 and the removal of the Spunter's Caveat by way of operation of law in accordance with the provisions of s. 138B of the Transfer of Land Act, 1893 WA (the causal connection).
I am making an application for Certiorari Orders in CIV 1877 of 2010 which is scheduled to be heard on Monday the 4th day of April, 2011 relating to the issue of the technical slip of His Honour Owen JA at paragraphs 54 and 55 of the judgment of the Court of Appeal in CACV 107 of 2008 under s.33 of the Supreme Court Act, 1935. I understand that the Court of Appeal comprising of Pullin and Newnes JJA today has no jurisdiction to determine this issue of the rectification of the technical slip which relates to the causal relationship between my solicitor work for Nancy Hall in CIV 1142 of 2005 and the removal of the Spunter's caveats that was caused by the non-compliance by David Taylor solicitor with the orders of Jenkins J in CIV 1142 of 2005 on 10.2.2006.
My salient ground for the temporary stay of execution of the Owen JA Costs Order in CACV 107 of 2008 and Master Sanderson Costs Orders in CIV 1775 of 2008 is based on the following ground alone:
In Cellante v G Kallis Industries Pty Ltd, Young CJ stated that special circumstances would exist where:
[F]or whatever reason, there is a real risk that it will not be possible for a successful appellant to be restored substantially to his former position if the judgment against him is executed.
This means if I were successful in my application for Review in CIV 1877 of 2010, I would not be restored substantially to my former position if those two judgments were executed against me because Audrey Frances Hall is now in her deathbed and all her estates claimed by her from Nancy Hall has been divested to the daughter of Nancy Hall one Michelle-Maree Gannaway under fraudulent circumstances that is currently being established by Mr. Maurice Law in District Court Action 2509 of 2002. In the event of the demise of Audrey Frances Hall, I would not be able to get my money back. This is a ground that I had forgotten to submit before their Honours. I therefore hope that Their Honours would review this decision and grant me a temporary stay pending the decision of CIV 1877 of 2010 and perhaps my further appeal from that decision.
Cheers
NICHOLAS N CHIN
387, ALEXANDER DRIVE
DIANELLA WA 6059
Phone: 08 92757440
Mobile: 0421642735
Emails: nnchin1@gmail.com
nnchin@msn.com.
Mr. SteefensThe Deputy Sheriff of the Sheriff Office at Perth
From: Nicholas N Chin <nnchin1@gmail.com>
Date: Fri, Apr 1, 2011 at 8:50 PM
Subject: APPLICATION FOR SUSPENSION OF COSTS ORDER IN CACV 107 OF 2008 HEARD AT 2.15P M ON 1.4.2011
To: Associate.Justice.Pullin@
The Associate to Pullin JA
The Associate to Newnes JA
Court of Appeal
Supreme Court of WA
Stirling Gardens
Barrack Street
PERTH WA 6000 (Please delete my previous two emails that was sent in error. I apologized for the inconvenience) The Associate to Newnes JA
Court of Appeal
Supreme Court of WA
Stirling Gardens
Barrack Street
Mr. Anthony Prime as the Solicitor for Mrs. Audrey Frances Hall
McCallum Donovan Sweeney
Barristers & Solicitors
Irwin Chambers
16, Irwin Street, Perth WA 6000
Fax: 9221220 BY FACSIMILE
I have received information today that the Plaintiff in CIV 1775 of 2008 and the First Respondent in CACV 107 of 2008 is now terminally ill in hospital. As a result if there is no stay granted to me today in the above matter, I could not possibly be restored to my former position just in case I win my case with regard to Mr. Taylor having falsified the court records in CIV 1131 of 2010 and thereby establishing the casual connection (which is the advice of the High Court in P1 of 2010) between my solicitor's work for Nancy Hall in CIV 1142 of 2005 and the removal of the Spunter's Caveat by way of operation of law in accordance with the provisions of s. 138B of the Transfer of Land Act, 1893 WA (the causal connection).
I am making an application for Certiorari Orders in CIV 1877 of 2010 which is scheduled to be heard on Monday the 4th day of April, 2011 relating to the issue of the technical slip of His Honour Owen JA at paragraphs 54 and 55 of the judgment of the Court of Appeal in CACV 107 of 2008 under s.33 of the Supreme Court Act, 1935. I understand that the Court of Appeal comprising of Pullin and Newnes JJA today has no jurisdiction to determine this issue of the rectification of the technical slip which relates to the causal relationship between my solicitor work for Nancy Hall in CIV 1142 of 2005 and the removal of the Spunter's caveats that was caused by the non-compliance by David Taylor solicitor with the orders of Jenkins J in CIV 1142 of 2005 on 10.2.2006.
My salient ground for the temporary stay of execution of the Owen JA Costs Order in CACV 107 of 2008 and Master Sanderson Costs Orders in CIV 1775 of 2008 is based on the following ground alone:
In Cellante v G Kallis Industries Pty Ltd, Young CJ stated that special circumstances would exist where:
[F]or whatever reason, there is a real risk that it will not be possible for a successful appellant to be restored substantially to his former position if the judgment against him is executed.
Cheers
NICHOLAS N CHIN
387, ALEXANDER DRIVE
DIANELLA WA 6059
Phone: 08 92757440
Mobile: 0421642735
Emails: nnchin1@gmail.com
nnchin@msn.com.
Mr. Steefens
Phone: 9425 2493 Fax: 9221 7894 BY FACSIMILE
In relation to your visit at my home today, please note that I made a mistake of asking for a permanent stay of execution and it was rejected. If I had asked for a temporary stay, it should have been sustained on ground that was missed by me in the above hearing today. I take this opportunity to inform you of this so that you may await the further orders from the Court of Appeal in this matter. 
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