Mr. Nicholas Summers
Acting Associate to the Hon. Justice Allanson
Supreme Court of Western Australia
Phone: (08) 9421 5113
Email: Nicholas.Summers@justice.wa.gov.au
Dear Sir
I have gone through the transcript and the reasons for judgment. I believe that I have not presented my case well before Allanson J and I would not want to go to the High Court until and unless I have exhausted all avenues through the inherent jurisdiction of the Supreme Court of Western Australia.
My argument is that Justice Ken Martin has wrongly decided the issue of the Security Costs Order in CIV 1903 of 2008 (the second stage) or the Michelides Order No.2. That is an appeallable decision but I need to get leave of the Court of Appeal which I did through the Court of Appeal in CACV 75 of 2010.
The Court of Appeal did not grant me the leave but evaded the issue of the Security Costs Order. A judgement that evaded the issue before it is a Void Judgment. I went to the High Court in P50 of 2010 and it is usual for the High Court to disallow Special Leave Applications and the High Court gave its reason for decision which I can use in the Supreme Court of Western Australia to set matters aright.
The pointer of the High Court is that the Security Costs Order of Ken Martin J should have been made by Mr. Thies before the s.36 Magistrates Court Review Proceedings granted me the Review Orders by Justice Hasluck (Michelides No.1) on 7.11.2008.
The Security Costs Order granted by Ken Martin J was against me but in favour of Timothy Robin Thies and was done after Michelides No.1 but before Michelides No.2 or at least the preliminary of Michelides No.2. What Ken Martin J decided is actually not Michelides No.2 but a preliminary to Michelides No.2 but was named as Michelides No.2.
It is this issue of the wrongful security costs order that I want the Supreme Court of Western Australia in exercising its inherent jurisdiction for prerogative Orders to decide but this issue was not decided by Allanson J but was misconceived by Allanson J. I went through the reasons for decisions and the transcript and found that there is no malice of Allanson J.
Recently, there was a commotion caused in the District Court of Western Australia in Appeal No.6 of 2008.
Someone secretly caused Registrar Wallace on 9.5.2011 to pay the $100.00 (which I paid under error into the Registry of the District Court on 24.1.2008 as security for costs preliminary to that appeal from Magistrate Musk decision in FR944 of 2007) to Timothy Robin Thies. I was served with a copy of this order about this illegal payment and I was emotional about it.
That was the Appeal No.6 of 2008 case that was by me before the Michelides No.1 s.36 Review before Justice Hasluck decision was lodged and that s.36 Review decision on 7.11.2008 came after Commissioner Herron decision on 20.5.2008. I was not required to make this payment of $100.00 into the District Court on 24.1.2008 when I lodged that appeal because the applicable Order 8 r.6 of the District Court Rules 1996 was repealed and replaced by the District Court Rules, 2005 WA that came into effect by 30.5.2005.
Therefore that $100.00 that was supposed to have been paid by me was never meant to be paid by me at all and if Registrar Wallace were to apply it for the purpose of paying it to Thies as security costs on 9.5.2011, it would mean that that money was stolen from me to legitimize the Rationale of the High Court in P50 of 2010 thereby legitimizing the wrongful and Security Costs Order of Ken Martin J. It would look like there is a conspiracy amongst all those people including the judiciary officers contrary to s.135 of the Criminal Code Act, 1913 to defeat justice.
The Order of Registrar Wallace would also mean that it is a falsification of court records contrary to s.85 of the Criminal Code Act. I have written to both the Chief Justice of the Supreme Court and the Chief Judge of the District Court of Western Australia. The relevant letters are posted on my blogspot which you can access by Googling: NICHOLASNCHIN.
I would therefore request you to bring this matter to the attention of Allanson J so that he could become aware of the implications of his decision CIV1491 of 2011 of this matter. I would therefore request that His Honour Justice Allanson do give me another opportunity to explain my case before him again. I would need some time to prepare this case again and would only be available by late October or November, 2011, as I would be away from the jurisdiction in the meantime.
I now give the SUPREME COURT OF WESTERN AUSTRALIA NOTICE that I want time to be extended for this matter to be settled amicably, failing which I will have to invoke the jurisdiction of the High Court for prerogative Orders to ensure that I will get justice that is in consonant with my rights as a citizen of Australia.
Yours faithfully
NICHOLAS N CHIN
387, ALEXANDER DRIVE
DIANELLA WA 6059
Phone: 08 92757440
Mobile: 0421642735Emails: nnchin@msn.com; nnchin1@gmail.com.
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