THE CHIEF JUSTICE HAS A DUTY TO INVESTIGATE THE FRAUD OF DAVID POWELL AND DAVID TAYLOR BEFORE THE FRAUD SQUAD

from Nicholas N Chin nnchin1@gmail.com to fraud.desk@police.wa.gov.au, moza35 <moza35@bigpond.com>, cstokes@stokesandassociates.com.au, Associate.Justice.Simmonds@justice.wa.gov.au, Emmi.Okada@justice.wa.gov.au, Chief.Justice.Chambers@justice.wa.gov.au, Associate.Chief.Justice@justice.wa.gov.au date Mon, Sep 5, 2011 at 10:52 AM subject RECORD OF TELEPHONE CONVERSATION WITH SGT GANGIN AND NICHOLAS N CHIN ON MONDAY 5.9.2011 AT 9.10 AM mailed-by gmail.com

hide details 10:52 AM (1 hour ago)

Detective Sergeant Kearns Gangin 5891                                          

Major Fraud Squad Commercial Crime Division

Level 7, Eastpoint Plaza 233 Adelaide Terrace

Perth WA 6000 Phone:                         08 9220 0700             Fax: 9225 4489  

Dear Sergeant Gangin

I refer to the above matter and wish to put the following on records: 

a)  The Major Fraud Squad is not investigating the new information which I am providing to the WA Police this morning as the latter had already passed the case to the WA Police Commissioner to the Chief Justice of WA for His Honour to do the needful as provided for under the Protocol.  The case concerns the matter of David Taylor and Registrar Powell's falsifications of court records in CIV 1131 of 2006 on 10.2.2006 and 16.2.2006 which relates to some new information obtained  by Maurice Frederick Law from the Supreme Court Registry (the new information). 

b) The new information is with regard to the most recent new evidence obtained by Maurice Frederick Law from the Supreme Court Registry to the effect that the total court fees of $654.20 was never paid into the Supreme Court Registry either on 10.2.2006 by David Taylor in his Affidavit filed and sworn 29.3.2007 in CIV 1131 of 2006 or on 16.2.2006 as asserted by Registrar Powell in his letter dated 11.6.2009 to Mr. Nicholas N Chin the former solicitor for the estate of the late Nancy Cloonan Hall.  The disputed payment of this fee was made some three years later and only on 19.5.2009. There is now therefore no longer any dispute about when the fees were paid. If the courts fees in CIV1131 of 2006 were never paid on 10.2.2006, the Writ of Summons in CIV1131 of 2006 were never commenced on 10.2006 and therefore the Order of Justice Jenkins in CIV 1142 of 2006 dated 19.1.2006 were never complied with by David Taylor.   The new information was taken note by you this morning.  The new information is found at my blogspot at the following link: 

http://nicholasnchin.blogspot.com/2011/06/invoices-and-receipt-obtained-from.html (the new information received by Sergeant Gangin).  

c) The Major Fraud Squad shall not investigate on the new information received by Sergeant Gangin until the matter has been investigated by the Chief Justice of WA and who has action or who has decided to return the matter to the Major Fraud Squad for further investigation (the responsibility of the Chief Justice). 

d) I am now giving notice of the responsibility of the Chief Justice to the Associate of Justice Simmonds.  His Honour Justice Simmonds had decided to lift the Caveats of Nicholas N Chin and Maurice Frederick Law on 12.8.2011 in CIV2157 of 2011 in favour of the Plaintiff of this Originating Motion one Mrs. Michele-Maree Gannaway who is the executor of the estate of the late Nancy Hall through her solicitors Messrs. Chris Stokes & Associates (the Plaintiff).  His Honour should therefore be directing the Plantiff to make provisions for both Mr. Law and Mr. Chin for part of the proceeds of the sale of the caveated property namely the Hazelmere Property to be deposited into court so that they can be dispensed to the rightful claimants when their respective claims have been correctly processed in the future (Justice Simmonds directions).  The grounds for Justice Simmonds directions is that the estate of the late Nancy Cloonan Hall should not be unjustly enriched as a result of the fraud of both David Taylor and Registrar Powell.  

e) I would further like to point out specifically to all parties concerned what Owen JA had decided in paragraph 51 in Chin v Hall [2009] WASCA 216 heard 12.8.2009 delivered 9.12.2005 at paragraph 51 where His Honour said: 

"If cases are put aside where a trial has miscarried through misdirection, misreception of evidence, wrongful rejection of evidence or other error and if cases of surprise, malpractice or fraud are put on one side, it is essential to give effect to the rule that the verdict, regularly obtained, must not be disturbed without some insistent demand of justice. The discovery of fresh evidence in such circumstances could rarely, if ever, be a ground for a new trial unless certain well-known conditions are fulfilled. It must be reasonably clear that if the evidence had been available at the first trial and had been adduced, an opposite result would have been produced or, if it is not reasonably clear that it would have been produced, it must have been so highly likely as to make it unreasonable to suppose the contrary. Again, reasonable diligence must have been exercised to procure the evidence which the defeated party failed to adduce at the first trial."
f) This is clearly a case where there has been a miscarriage of justice through misdirection or misreception of evidence, wrongful rejection of evidence or other error or cases of surprise or malpractice or fraud.  The victims of the miscarriage of justice are both Mr. Law and Mr. Chin who are the victims of the fraud of both David Taylor and Registrar Powell.  

g) The new information is new evidence and should have been received by the Court of Appeal in CACV 107 of 2008 anyway.  The fresh evidence about Registrar Powell's letter dated 11.6.2009 should also have been received by that Court of Appeal because its reception would have caused a reversal of that decision i.e. it would turn around the current decision of that Court of Appeal in reclaiming the salvour status of Mr. Chin of Nancy's estate .   

h) Paragraph (e) above clearly shows the law and the directions which these proceedings should be heading towards; where there was a clear fraud committed upon the court by both David Taylor and Registrar Powell acting in concert with each other to defraud the estate of the late Nancy Hall, therefore those costs order (whether fraudulent or not) that had been subsequently made through the agency of Mr. Anthony Prime acting as the solicitor for Mrs. Audrey Frances Hall in CACV 107 of 2008 and in CIV 1775 of 2008 against both Mr. Nicholas N Chin and Mr. Maurice Frederick Law are never enforceable in any courts of law as both these people are innocent as they have not caused those proceedings to be instituted in first place, for which their costs have been inadvertently incurred against them. As they are not culpable, they should not be made to bear their burden. 

Yours faithfully

NICHOLAS N CHIN 

387, ALEXANDER DRIVE, DIANELLA WA 6059 

Phone:             08 92757440      ; Mobile; 0421642735

Emails; nnchin1@gmail.com; nnchin@msn.com

c.c. to: 

The Hon. Chief Justice Wayne Stewart Martin
Executive Assistant, Chief Justice's Chambers - tel                         (08) 9421 5337            
E-mail - Chief.Justice.Chambers@justice.wa.gov.au
Associate - tel                         (08) 9421 5395            

E-mail - Associate.Chief.Justice@justice.wa.gov.au

The Hon. Justice Ralph Lloyd Simmonds

Associate - tel                         (08) 9421 5349            

E-mail - Associate.Justice.Simmonds@justice.wa.gov.au 

Ms. Emmi Okada    

Emmi.Okada@justice.wa.gov.au;

Chris Stokes & Associates 

Level 1, 459, Hay Street, PERTH WA 6000

Ph:             08 9421 1300      

Email: cstokes@stokesandassociates.com.au;

Mr. Maurice Frederick Law

87, William Street. HERNE HILL WA 6056 

Email: moza35@bigpond.com