MY LETTER TO REGISTRAR WALLACE REQUESTING HER HONOUR TO RETURN MY $100.00 SECURITY DEPOSIT THAT WAS NOT REQUIRED TO BE PAID INTO COURT AT THE TIME WHEN I LODGED APPEAL NO.6 OF 2008.

Our Ref: CIV1877-10.  Civ 1981 of 2010, Civ 1491 of 2011, CACV 75 of 2010, CACV 107 OF 2008, CACV 41 OF 2010.

Monday, May 16, 2011

The Associate to Registrar Wallace

Atten: James:

District Court of Western Australia

500 Hay Street,

PERTH WA 6000 Facsimile: 08 9425 2163                

Dear Sir                                                                                                                                  

RE: ORDER OF REGISTRAR WALLACE IN CHAMBERS DATED 9.5.2011 IN DC APPEAL NO.6 OF 2008: KEN MARTIN JIN MICHELIDES NO.2, PRINCIPAL REGISTRAR IN CIV 1689 OF 2011

I refer to my Facsimile Complaint letter dated 14.5.2011 to both the Chief Justice and the Chief Judge in two pages together with the attached Order of Registrar Wallace in one page (the letter).  With reference to sub-paragraph 1(e) of the letter, I would like to state the following:

1)      After having sent the letter, I have found in my records that the District Court of Western Australia did send me a facsimile form dated 17.1.2008 bearing No. 1889 at p.3 requesting me to make the payment of $100.00 as security deposit for my appeal No.6 of 2008, as requested by Order 8 rule 6 of the District Court Rules.   

2)      I did abide by that request on 24.1.2008 and I did pay that sum of $100.00 (contrary to what I had stated earlier) when I lodged my Notice of Appeal dated the same day, but I have since found out that there was no such requirement under the New District Court Rules, 2005 which is applicable on the lodgment date.

3)      The $100.00 security costs payment was required to be paid by me only under the repealed District Court Rules 1996 which was no longer applicable at the time when I lodged my Notice of Appeal in Appeal No.6 of 2008 as at 24.1.2008.

4)      The Order of the learned Registrar Wallace dated 9.5.2011 was therefore made in error as the sum of $100.00 deposit paid as security for costs, rightly belonged to me, as it was wrongly taken away from me in error, and it therefore does not belong to the Respondent of that appeal, my learned friend Mr. Timothy Robin Thies, as ordered by Registrar Wallace.

5)      It is my contention that the learned Commissioner Herron is in jurisdictional error when he dismissed my appeal as there is evidence before him that Registrar Wilde in FR417 of 2007 did enter into that duress-vitiated Consent Judgment on 7.6.2007 under circumstances when she was compelled to do so by me writing to her for the purpose of averting the danger and the mental harm which my learned friend Thies was then causing to my second son Paul Chung Kiong Chin  (I have specifically provided these documents again to Justice Allanson when I was before him on 11.5.2011).  The denial of natural justice to me by Commissioner Herron’s decision in dismissing my appeal No.6 of 2008, resulted in his Void Decision on 20.5.2008, which decision cannot be enforced by the parties in any court of law.

6)      Having regard to the subsequent proceedings involving the Court of Appeal in P50 of 2010 and the Court of Appeal in CACV 75 of 2010 and most recently involving Allanson J in CIV 1491 of 2011, I did apprehend that Registrar Wallace Order’s is somewhat connected with the efforts of unknown persons to put the Security Costs Order of Appeal No.6 of 2008 forward as the connecting link to show that my learned friend Thies had applied for a Security Costs Order against me prior to the Magistrates Court Act s.36 Review Order granted by Hasluck J to me on 7.11.2008, thereby legitimizing the Rationale of the High Court in its Special Leave Dispositions in P50 of 2010.   You can better apprehend my case if you read more at my blogspot by Googling “NICHOLASNCHIN” and my Complaint Letter dated 14.5.2011. 

7)      I therefore apologize to Registrar Wallace if Her Honour had misapprehended that I had over-reacted to this issue, which I have not except under my misapprehension that I had not paid that $100.00 as security costs.  This matter of the jurisdictional error of Commissioner Herron has not been properly explained to me or to the public in any statement of reason by the courts which are involved in these proceedings so far, and I do hope the courts will not continue to evade the issue of the Duress-Vitiated Consent Order of Registrar Wilde.  Until, I have received a statement of reason to explain specifically this issue, I have no choice but shall have to continue to unravel the truths in the interests of justice.  These efforts of mine are not to be construed by the Principal Registrar as an abuse of process in CIV 1689 of 2011 nor can I can be stopped under s.4 of the Vexatious Proceedings Restriction Act, 2002 from accessing justice.      

Yours faithfully

NICHOLAS N CHIN

His Honour Judge Peter Martino

Chief Judge of the District Court of Western Australia

500 Hay Street

PERTH WA 6000

Facsimile: 08 9425 2268                               

The Hon. Chief Justice Wayne Stewart Martin

Executive Assistant, Chief Justice’s Chambers Phone: 9421 5337

Supreme Court of Western Australia

Barrack Street PERTH WA 6000

Chief.Justice.Chambers@justice.wa.gov.au       PRIVATE & CONFIDENTIAL

The Police Commissioner of Western Australia