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Dear Mr Law,
Thank you for your email of yesterday. His Honour advises that you seek
legal assistance to ascertain the significance of the matters you raised in
your email to the decision delivered by his Honour in the matter of CIV
2157/11 on 12 August 2011. Any new matters sought to be raised following
that decision would require a fresh application made to the court.
Kind regards,
Emmi Okada
____________________________
Associate to the Hon Justice Simmonds
Supreme Court of Western Australia
Ph: (08) 9421 5349
Fax: (08) 9421 5465
Emmi.Okada@justice.wa.gov.au
moza35
<moza35@bigpond.com>
Thank you for your email of yesterday. His Honour advises that you seek
legal assistance to ascertain the significance of the matters you raised in
your email to the decision delivered by his Honour in the matter of CIV
2157/11 on 12 August 2011. Any new matters sought to be raised following
that decision would require a fresh application made to the court.
Kind regards,
Emmi Okada
____________________________
Associate to the Hon Justice Simmonds
Supreme Court of Western Australia
Ph: (08) 9421 5349
Fax: (08) 9421 5465
Emmi.Okada@justice.wa.gov.au
moza35
<moza35@bigpond.com>
To: Emmi Okada 31/08/2011 08:34 AM
Subject: extra submission for civ 2157 /11 31-8-11
Dear Emmi, If it is possible I wish to add this information to my case
M. Law
Dear Emmi, If it is possible I wish to add this information to my case
M. Law
----- Message from Nicholas N Chin <nnchin1@gmail.com> on Wed, 31 Aug 2011
08:07:27 +0800 -----
To: moza35 <moza35@bigpond.com>
Subj CIV: 2157 OF 2011: EXPLANATION OF THE ERROR OF LAW APPARENT ON THE
ect: COURT RECORDS IN CACV 107 OF 2008
Ms. Emmi Osaka
The Associate to Justice Simmonds
Supreme Court of WA
Dear Ms.Associate
I refer to the above matter. Please find attached the above explanation in 4 pages together with 3 receipts from the Supreme Court which shows that the court fees for CIV 1131 of 2006 was never paid by David Taylor on my behalf on 10.2.2006 nor on 16.2.2006 but only on 19.5.2009. This shows that the CIV 1131 of 2006 was never commenced in compliance with Justice Jenkins Orders in CIV 1142 of 2005 delivered on 19.1.2006. So it is clear what the High Court was saying is true in P1 of 2010 that there must be a
clear connection between the solicitor's work of the First Defendant Mr. Chin and the removal of the Spunter's Caveat on 11.2006. This connection is now established beyond any reasonable doubt. This is the error of law apparent on the face of the court records in CACV 107 of 2008 in the judgment of Owen JA. I have made a separate application for the error of law to be taken off the court records in CACV 107 of 2008 dated the 15th day of July, 2011 but to date that application has not been listed for hearing.
Once this error is removed, it will reverse the outcome of the decision of Owen JA. This will vindicate my position that will enable me to make a claim against my former solicitor David Taylor for the willful and reckless damages he has done to me and also to allow me to make my claim against the Plaintiff Mrs. Gannaway against the estate of the late Nancy Hall. You have removed my Caveats against the Hazelmere Property in CIV2157 of 2011 on the 12.8.2011 and as a result, I will have no guarantee that I will be paid my claim in the event that I become successful in my litigation as recommended by Commissioner Sleight in his judgment in CIV 1877 of 2011 dated 15.6.2011 which is about the CACV 107 of 2008 case. I hope you will therefore modify your orders so as to accommodate my future claims because my lawful caveats have been removed by you.
The problem is I now have no guarantee that I will be paid by Mrs. Gannaway once I won this case as my caveats have been removed by you. I am now contemplating placing another caveat on the Colliefields Hotel which forms part of the estate of the late Nancy Hall for which I have an equitable and therefore a Caveatable interests. I have paid the former mortgagee of the Collifields Hotel, one Mr. G. Monkman his interests on the loan of Nancy Hall on behalf of Nancy. I have also paid deposits to the previous owner
of the Hotel at the time when Nancy Hall was negotiating to purchase it from Mrs. I Sharpe on behalf of Nancy, besides other payments. I have proofs of these payments in the forms of receipts still in my possession.
I am sending a copy of this email to Christ Stokes & Co as the solicitor for Mrs. Gannaway, the Plaintiff in CIV 2157 of 2011.
Yours truly
Maurice Frederick Law. (See attached file: explanation on error of law of
Owen JA in cacv107 of 2008 (2).doc)(See attached file: simmonds2157-11
explanation reciepts 3.jpg)(See attached file: simmonds2157-11
explanation reciepts 3 001.jpg)(See attached file: simmonds2157-11
explanation reciepts 3 002.jpg)
Disclaimer: The information contained in this e-mail may be private and
personal or otherwise confidential. If you are not the intended
recipient, any use, disclosure or copying of any part of the
information is unauthorised. If you have received this e-mail in
error, please inform the sender and delete the document.
08:07:27 +0800 -----
To: moza35 <moza35@bigpond.com>
Subj CIV: 2157 OF 2011: EXPLANATION OF THE ERROR OF LAW APPARENT ON THE
ect: COURT RECORDS IN CACV 107 OF 2008
Ms. Emmi Osaka
The Associate to Justice Simmonds
Supreme Court of WA
Dear Ms.Associate
I refer to the above matter. Please find attached the above explanation in 4 pages together with 3 receipts from the Supreme Court which shows that the court fees for CIV 1131 of 2006 was never paid by David Taylor on my behalf on 10.2.2006 nor on 16.2.2006 but only on 19.5.2009. This shows that the CIV 1131 of 2006 was never commenced in compliance with Justice Jenkins Orders in CIV 1142 of 2005 delivered on 19.1.2006. So it is clear what the High Court was saying is true in P1 of 2010 that there must be a
clear connection between the solicitor's work of the First Defendant Mr. Chin and the removal of the Spunter's Caveat on 11.2006. This connection is now established beyond any reasonable doubt. This is the error of law apparent on the face of the court records in CACV 107 of 2008 in the judgment of Owen JA. I have made a separate application for the error of law to be taken off the court records in CACV 107 of 2008 dated the 15th day of July, 2011 but to date that application has not been listed for hearing.
Once this error is removed, it will reverse the outcome of the decision of Owen JA. This will vindicate my position that will enable me to make a claim against my former solicitor David Taylor for the willful and reckless damages he has done to me and also to allow me to make my claim against the Plaintiff Mrs. Gannaway against the estate of the late Nancy Hall. You have removed my Caveats against the Hazelmere Property in CIV2157 of 2011 on the 12.8.2011 and as a result, I will have no guarantee that I will be paid my claim in the event that I become successful in my litigation as recommended by Commissioner Sleight in his judgment in CIV 1877 of 2011 dated 15.6.2011 which is about the CACV 107 of 2008 case. I hope you will therefore modify your orders so as to accommodate my future claims because my lawful caveats have been removed by you.
The problem is I now have no guarantee that I will be paid by Mrs. Gannaway once I won this case as my caveats have been removed by you. I am now contemplating placing another caveat on the Colliefields Hotel which forms part of the estate of the late Nancy Hall for which I have an equitable and therefore a Caveatable interests. I have paid the former mortgagee of the Collifields Hotel, one Mr. G. Monkman his interests on the loan of Nancy Hall on behalf of Nancy. I have also paid deposits to the previous owner
of the Hotel at the time when Nancy Hall was negotiating to purchase it from Mrs. I Sharpe on behalf of Nancy, besides other payments. I have proofs of these payments in the forms of receipts still in my possession.
I am sending a copy of this email to Christ Stokes & Co as the solicitor for Mrs. Gannaway, the Plaintiff in CIV 2157 of 2011.
Yours truly
Maurice Frederick Law. (See attached file: explanation on error of law of
Owen JA in cacv107 of 2008 (2).doc)(See attached file: simmonds2157-11
explanation reciepts 3.jpg)(See attached file: simmonds2157-11
explanation reciepts 3 001.jpg)(See attached file: simmonds2157-11
explanation reciepts 3 002.jpg)
Disclaimer: The information contained in this e-mail may be private and
personal or otherwise confidential. If you are not the intended
recipient, any use, disclosure or copying of any part of the
information is unauthorised. If you have received this e-mail in
error, please inform the sender and delete the document.
4 attachments — Download all attachments View all images
| simmonds2157-11 explanation reciepts 3.jpg 77K View Download |
| simmonds2157-11 explanation reciepts 3 001.jpg 72K View Download |
| simmonds2157-11 explanation reciepts 3 002.jpg 78K View Download |
 | explanation on error of law of Owen JA in cacv107 of 2008 (2).doc 36K View Download |
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