Showing posts with label STAND THAT APPELLANT IS ENTITLED TO DEFAULT JUDGMENT IN DEFAULT OF DEFENCE. Show all posts
Showing posts with label STAND THAT APPELLANT IS ENTITLED TO DEFAULT JUDGMENT IN DEFAULT OF DEFENCE. Show all posts

Friday, February 11, 2011

FACSIMILE LETTER TO SAT, APPEAL COURT REGISTRAR AND LPCC REGARDING THE PROPOSED STAND OF THE COURT OF APPEAL TO BE TAKEN BY IT BEFORE IT BEGIN TO HEAR CACV41OF2010 ON 11.3.2011

My ref: VR87OF2009
Your ref: S232/09
Saturday, 12 February 2011
The Chief Executive Officer
The State Administrative Tribunal Ground Floor, 12 St Georges Terrace Perth
Postal address: GPO Box U1991 Perth 6845
Telephone: (08) 9219 3111 1300 306 017 Fax: (08) 9325 5099
Atten: Associate of Judge Sharp.

The Legal Profession Complaints Committee
Atten: Legal Officer Ms. LeMiere
PO Box: Z5293, St. Georges Terrace,

PERTH WA 6831 Fax number: 08 9461 2265 Your ref: S232/09


Dear Sir                                                    FACSIMILE TRANSMISSION

VR 87 0F 2009: LPCC V CHIN

I refer to the above matter and to the transcript of the proceedings before His Honour Judge Sharp dated 26.11.2010. Page 3 of that transcript makes reference to Judge Eckert when it should have been to the Her Honour the then Judge Pritchard and now Justice Pritchard of the Supreme Court of Western Australia.   Incidentally, Judge Eckert made the decision in VR137 of 2006 against me which does not contain reasons for her decisions except for what is contained in the transcripts of those proceedings.  In those proceedings, my learned friend barrister Quinlan said to Judge Eckert that falsehoods is “okay” to implicate me in the erroneous decision of the learned Judge Eckert confirming the decision of the Pseudo Board to impose conditions on my practice Certificate.  Subsequently, I as the appellant in CACV 43 of 2007 and the Legal Practice Board entered into a Consent Judgment before the then President of the Court of Appeal Steytler to set aside the decision of Judge Eckert on 26.9.2007.  That decision having been set aside was not honoured by the Pseudo Board and this has led to my appeal in CACV 41 of 2010 which is scheduled to be heard on 11.3.2011.

Please find attached a copy of my email correspondence in two pages between the Associate of Justice Hall Ms. Lilian Ting
dated 7.2.2011 and 12.2.2011and myself including my comments with respect to subrule.31(4) and subrule.43(2) of the
Supreme Court (Court of Appeal) Rules, 2005, which implies that the Legal Practice Board should not have refused to
participate in my appeal in CACV41 of 2010 once it had entered appearance by filing Form 4.  Because it had refused to
participate in this appeal as re affirmed in its letter to the Court of Appeal Registrar and to me dated 13.12.2010, I should now
be entitled to a declaration by the Court of Appeal in CACV 41 of 2010 that I am entitled to default judgment as it, through
the LPCC had already refused to answer my case in CIV 1019 of 2010 through the order of Justice Heenan, once before.  I
want this stand to be taken by the Court of Appeal when it commences the hearing of this appeal on 11.3.2011.  I have been
before too many fora of the Supreme Court of WA which did not ensure that it was carrying out its duties with
independence, integrity and impartiality and hence my sense of apprehension and timidity which had caused my euphoria
and trepedity.  I do however, wish to apologize for this my unchecked liberty to express this my sense of euphoria in order
to enable me to attain fair justice, as a form of internal self-defence mechanism, and I hope you would all understand why I
am so passionate in my cause.    

Yours faithfully

NICHOLAS N CHIN
c.c.to:
The Court of Appeal Registrar
Associate: Ms. Maria Santos Fax: 08-94215471