Our Ref: CIV1877-10. Civ 1981 of 2010, Civ 1491 of 2011, CACV 75 of 2010, CACV 107 OF 2008, CACV 41 OF 2010.
Your ref: A1008/A1006
Monday, May 17, 2011
His Honour Judge Peter Martino
Chief Judge of the District Court of Western Australia
Facsimile: 08 9425 2268
Dear Sir
RE: Chin v Thies – Appeal No. 6 of 2008
I refer to paragraph 1 of Your Honour’s response facsimile letter to me dated today (the letter). I regret to state that Your Honour had failed to respond specifically to sub-paragraphs 1(1) to (5) as contained in my letter to the Associate of Registrar Wallace dated 16.5.2011. These matters are related to the District Court only.
In relation to paragraph 2 of the letter, I would like to point out that that “the District Court Rules as they existed at the time” is not the repealed District Court Rules 1996 but the District Court Rules 2005 WA (the Rules). The Rules came into operation on the 30.5.2005. There is no similar “Order 8 r.6” of the repealed Rules in the current Rules that requires me to pay that sum of security deposit of $100.00. Therefore the opportunity for me to make submissions as to what orders I should make in respect of the $100.00 that I had deposited did not arise. In fact, it was monies illegally taken away from me on 24.1.2008 by the District Court of WA or its agent without my consent and it should be returned to me. This also constitutes an offence under the Criminal Code Act, 1913 WA (the Criminal Code), if the monies were not returned to me when they were being properly demanded by me. The Order of Registrar Wallace dated 9.5.2011 is therefore a falsified court records contrary to s.85 of the Criminal Code.
In relation to paragraph 3 of the letter, I would also like to point out that r.59(4) of the Rules does not apply to me as there was never a separate application by the Respondent Thies for security for costs in relation to Appeal No.6 of 2008. There is therefore no requirement for Registrar Herron to make an order as to any monies paid, albeit wrongly paid or wrongly demanded by the Court as security for costs, which was not required by s.59(3) of the Rules. The issue of whether I should appeal the illegal decision of Registrar Wallace dated 9.5.2011 does not arise at all.
In relation to paragraph 4 of the letter, your dismissal of my complaint in accordance with the Protocol for Complaints against judicial officers in Western Australian Courts is misconceived on the ground that my complaint is about the fraud committed upon the court and it is not about the merits of the Registrar’s Wallace’s decision for which the issue of appeal does not arise at all. It is for the Chief Judge to unravel the fraud as fraud must never be allowed to be covered up and it is your duty to do as the chief Judge.
In relation to paragraph 5 of the letter, I would like to state that the decision of Commissioner Herron made on 20.5.2008 relates to a jurisdictional error or an error made without jurisdiction or an error made in excess of jurisdiction on the ground that the duress-vitiated Registrar Wilde’s Consent Order dated 7.6.2007 in FR417 of 2007 was totally disregarded or ignored by His Honour. Although my s.36 Magistrates Court Act 2004 Review was not covered by it on the ground that Commissioner Herron is not a Magistrate, it was not thought necessary at that point of time for me to appeal the decision of Appeal No.6 of 2006 to the Supreme Court because I was already awarded with the s.36 review by Justice Hasluck in Michelides No.1 on 7.11.2008. Because it is a fraud upon the court, I can invoke the inherent jurisdiction of the Supreme Court to deal with it and there is no time limit to it. But these same issues are already being partially dealt with in Michelides No.1, Michelides No.2, CACV 75 of 2010 and P50 of 2010, CIV 1491 of 2011 and CIV 1981 of 2010 and shall continue to be dealt with by the Supreme Court until the issues have not been evaded by the decision makers. The Principal Registrar shall not stop these proceedings in Civ 1689 of 20111 unless and until he can prove that I have abused the due process of courts.
Yours faithfully
NICHOLAS N CHIN
The Hon. Chief Justice Wayne Stewart Martin
Executive Assistant, Chief Justice’s Chambers Phone: 9421 5337
Supreme Court of Western Australia
Barrack Street PERTH
The Police Commissioner of 
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