CIV 2157 of 2011 Gunnaway v Chin & ors
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| hide details Aug 3 (5 days ago) | |||||||||||||||||||||||||||||||||
Dear Mr Chin,
I refer to your letter to the court dated 12 July 2011. His Honour Justice
Simmonds has just returned from leave and it is not until now that I am
able to respond to your letter. His Honour is of the view that despite your
absence on 8 August 2011, the hearing scheduled for that day should go
ahead. This is in part because the hearing would also involve the Second
Defendant who has not indicated any difficulty in attending on the day.
However, his Honour is prepared to hear from you in this matter.
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
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.
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| hide details Aug 3 (5 days ago) | |||||||||||||||||||||||||
Dear Emmi:
Please let Justice Simmonds know of my submissions in the following terms:
1) the Second Defendant has also indicated to me that he is not
prepared to have this case on 8.8.2011. He has contacted me. Please
contact him at moza35@bigpond.com.
2) I have put in an application before the court of appeal to have the
error of Owen JA in CACV 107 of 2008 and the related mattters be
expunged from the court records on the ground of errors of law
apparent on the face of the court records.
c) Please Google for Nicholasnchin and you will see the injustice that
has been perpetrated upon me by the Court of Appeal in CACV 107 of
2008 and its related matters. d) When I return to Perth I shall put
in a response to the Orignating Motion filed in this matter by my
learned friedn Mr. Chris Stokes on behalf of Mrs. Gannaway. The facts
are clear with regard to the falsification of the court records in Civ
1131 of 2006. This shows that I have performed my duties as the
salvor for the Mt Lawley and Hazelmere Properties of the late Ms.
Nancy Hall. Miss Hall has given me written proof which are available
in the records of CACV 107 of 2008 that she intended to pay me the sum
of $15,000.00 for my solicitors work for her but for the falsification
of the court records by David Taylor acting on behalf of Mr. Maurice
Law. This payment cannot be made contingent on the result of the
Appeal in CACV 107 of 2008.
e) Justice Pullin has instructed my learned friend Mr. Anthony Prime
acting as solicitor for Mrs. Audrey Frances Hall to set aside the sum
of $20k if one of the two caveated properties were to be transferred
to a third party. This triggering event has occurred but my monies
due and owing to me for the upliftment of my caveats has not been paid
to me by Mr. Anthony Prime and this has caused me to make further
claims against the estate of Nancy Hall.
f) As said earlier,this payment for the upliftment of my caveats could
not be made contingent upon the outcome of my appeal in CACV 107 of
2008 when Owen JA is clearly wrong on the facts on the law of that
appeal decision. Although the matter has been to the Hgih Court, the
refusal of the High Court to allow leave to appeal does not resolve
this issue. I have therefore sought for the error of law apparent on
the face of the court records to be effaced from the court records and
this case has not been approved for filing as yet.
I am still waiting for its outcome.
g) I am in Malacca in 'West Malaysia and could not return until the
20th Aujgust, 2011 because both the parents of my spouse are
terminally ill and my spouse has to be with them.
Cheers
NICHOLAS N CHIN
Phone: +6065529459 Mobile: +60133811271.
Emails: nnchin1@gmail.com; nnchin@msn.com
Please let Justice Simmonds know of my submissions in the following terms:
1) the Second Defendant has also indicated to me that he is not
prepared to have this case on 8.8.2011. He has contacted me. Please
contact him at moza35@bigpond.com.
2) I have put in an application before the court of appeal to have the
error of Owen JA in CACV 107 of 2008 and the related mattters be
expunged from the court records on the ground of errors of law
apparent on the face of the court records.
c) Please Google for Nicholasnchin and you will see the injustice that
has been perpetrated upon me by the Court of Appeal in CACV 107 of
2008 and its related matters. d) When I return to Perth I shall put
in a response to the Orignating Motion filed in this matter by my
learned friedn Mr. Chris Stokes on behalf of Mrs. Gannaway. The facts
are clear with regard to the falsification of the court records in Civ
1131 of 2006. This shows that I have performed my duties as the
salvor for the Mt Lawley and Hazelmere Properties of the late Ms.
Nancy Hall. Miss Hall has given me written proof which are available
in the records of CACV 107 of 2008 that she intended to pay me the sum
of $15,000.00 for my solicitors work for her but for the falsification
of the court records by David Taylor acting on behalf of Mr. Maurice
Law. This payment cannot be made contingent on the result of the
Appeal in CACV 107 of 2008.
e) Justice Pullin has instructed my learned friend Mr. Anthony Prime
acting as solicitor for Mrs. Audrey Frances Hall to set aside the sum
of $20k if one of the two caveated properties were to be transferred
to a third party. This triggering event has occurred but my monies
due and owing to me for the upliftment of my caveats has not been paid
to me by Mr. Anthony Prime and this has caused me to make further
claims against the estate of Nancy Hall.
f) As said earlier,this payment for the upliftment of my caveats could
not be made contingent upon the outcome of my appeal in CACV 107 of
2008 when Owen JA is clearly wrong on the facts on the law of that
appeal decision. Although the matter has been to the Hgih Court, the
refusal of the High Court to allow leave to appeal does not resolve
this issue. I have therefore sought for the error of law apparent on
the face of the court records to be effaced from the court records and
this case has not been approved for filing as yet.
I am still waiting for its outcome.
g) I am in Malacca in 'West Malaysia and could not return until the
20th Aujgust, 2011 because both the parents of my spouse are
terminally ill and my spouse has to be with them.
Cheers
NICHOLAS N CHIN
Phone: +6065529459 Mobile: +60133811271.
Emails: nnchin1@gmail.com; nnchin@msn.com
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Dear Mr Chin
On His Honour’s view, there are no reasons why the proceedings should not
go ahead on 8 August 2011, in the absence of a Memorandum of Consent Orders
between the parties, agreeing to reschedule the hearing.
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>,
03/08/2011 06:40 <nnkchin@msn.com>,
PM <Emmi.Okada@justice.wa.gov.au>
<cstokes@stokesandassociates.
>
cc
Subject
Fwd: CIV 2157 of 2011 Gunnaway v
On His Honour’s view, there are no reasons why the proceedings should not
go ahead on 8 August 2011, in the absence of a Memorandum of Consent Orders
between the parties, agreeing to reschedule the hearing.
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
Nicholas N Chin
<nnchin1@gmail.co
m> To<nnchin1@gmail.co
moza35 <moza35@bigpond.com>,
03/08/2011 06:40 <nnkchin@msn.com>,
PM <Emmi.Okada@justice.wa.gov.au>
<cstokes@stokesandassociates.
>
cc
Subject
Fwd: CIV 2157 of 2011 Gunnaway v
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show details Aug 4 (5 days ago) |
----- Original Message ----- From: <Emmi.Okada@justice.wa.gov.au>
To: <nnchin1@gmail.com>
Cc: "moza35" <moza35@bigpond.com>; <cstokes@stokesandassociates.c
Sent: Thursday, August 04, 2011 11:48 AM
Subject: Re: Fwd: CIV 2157 of 2011 Gunnaway v Chin & ors
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show details Aug 4 (4 days ago) |
Ms. Emmi Okkada
Associate to Justice Simmonds:
Dear Emmi:
Thank you for email below. I would like to state that the case should
not proceed on 8.8.2011 as I would be denied my natural justice if it
were to so proceed in my absence on the following grounds:
a) The Notice of Originating Motion was not served on me by Chris
Stokes & Associates until a few days before I returned to my Perth
home from my youngest son's home in Sydney.
b) It was served upon me a few days before my scheduled flight dated
17.7.2011 to Kuala Lumpur to be with my spouse's parents who are
terminally ill and this is an emergency situation for which i have no
control of, .
c) I have given advance notice by having written to my learned friend
Mr. Chris Stokes on time and copied to the Supreme Court and informed
him and them well beforehand as soon as I was served with the Notice
of Originating Summons in this matter, of my personal circumstances -
explaining to them the dates of my availability
d) There are no reasonable grounds as to why Chris Stokes and
Associates would not and should not have consented to the matter being
put forward, having regard to my personal circumstances as already
explained above..
e) If I were denied my natural justice, any decision made by the
court which is adverse to my interests would be rendered null and
void;
f) I have caveatable interests in the two properties of the estate of
the late Nancy Cloonan Hall because there was first a promise by the
late Nancy Hall to pay me my legal fees which is not contingent and
can never be made contingent upon the success of my appeal in CACV 107
of 2008. The admission of Nancy and Justice Pullin to pay my debts
can never be resolved otherwise, unless this debt is being paid to me
from the estate of the late Nancy Hall by her administrators, failing
which, there must be clear pronouncements in the statement of reasons
as to why legitimate debts owing to me should not be paid. To say
that I have not done any salvour work for the estate is farcical and
far from the truth. .
g) There is an error of law apparent in the face of the court records
as is being explained by His Honour Commissioner Sleight who delivered
his judgement in CIV 1877 of 2010 dated 15.6.2011 and steps shall be
taken by the interested parties to resolve the issues in the manner as
recommended in that judgement.
h) The issues that was before the Court of Appeal and before the High
Court pertaining to the falsifications of the court records by David
Taylor in CIV 1131 of 2006 have never been resolved by the courts and
it is therefore never res judicata and it cannot be an abuse of the
process of the courts if the matter is being litigated again before
another forum.
i) The falsifications of the court records by David Taylor is a
subject of police investigation which is directed by the State
Attorney General and it involves the alleged corrupt act of Registrar
Powell. The Police have followed protocol by reporting the matter to
the Chief Justice of Western Australia and the matter is awaiting
finalization by the Chief Justice, failing which, the Police shall
re-commence its criminal investigations into this matter which is not
a matter which can be closed off as the CCC are also involved and must
act as they are bound by law and the facts of the case to do so.
j) Owen JA had made it clear that the fresh evidence of the
falsification of the court records can be admitted by the Court of
Appeal in CACV 107 of 2008 if such admission could cause a reversal of
the decision that has been made against me. It is my contention that
the admission of that fresh evidence is a material matter that can
cause a reversal effect of that decision namely that I have performed
my salvour work for the estate Nancy Hall i.e. I have caused the
Spunter's Caveat to be removed and the fraud of David Taylor had
caused a delay in the process resulting in the equity of Nancy Hall
being criminally clogged up and causing her damages as a result in
that her loan was not able to be processed and she was not able to
develop her property to the fullest extent and this resulted in her
premature death. It had also resulted in the estate of Nancy Hall
having fallen into the wrong hands as a result of the regulator of the
legal profession barking up the wrong tree by stating that I have made
a false allegations against David Taylor and hence my reasons for
chasing this matter about the falsification of court records until my
right to practice my profession independently is being returned to me.
I will not rest until all stones are being left unturned. My work as
a salvor for Nancy's Estate continues until that estate is being
returned to its rightful beneficiary and this process is now slowly
being realised....Nancy's beneficiary should pay the debts owing by
the estate to me as its salvour and should not involve me in further
fighting for the estate as my salvour work is continuing, as it
continues to dispute my rights.... I want to get out of it quickly as
I am working under conditions of necessity...
Emails: nnchin1@gmaillcom; nnchin@msn.com
On Wed, Aug 3, 2011 at 6:29 PM, Nicholas N Chin <nnchin1@gmail.com> wrote:
> Dear Emmi:
> Please let Justice Simmonds know of my submissions in the following terms:
> 1) the Second Defendant has also indicated to me that he is not
> prepared to have this case on 8.8.2011. He has contacted me. Please
> contact him at moza35@bigpond.com.
> 2) I have put in an application before the court of appeal to have the
> error of Owen JA in CACV 107 of 2008 and the related mattters be
> expunged from the court records on the ground of errors of law
> apparent on the face of the court records.
> c) Please Google for Nicholasnchin and you will see the injustice that
> has been perpetrated upon me by the Court of Appeal in CACV 107 of
> 2008 and its related matters. d) When I return to Perth I shall put
> in a response to the Orignating Motion filed in this matter by my
> learned friedn Mr. Chris Stokes on behalf of Mrs. Gannaway. The facts
> are clear with regard to the falsification of the court records in Civ
> 1131 of 2006. This shows that I have performed my duties as the
> salvor for the Mt Lawley and Hazelmere Properties of the late Ms.
> Nancy Hall. Miss Hall has given me written proof which are available
> in the records of CACV 107 of 2008 that she intended to pay me the sum
> of $15,000.00 for my solicitors work for her but for the falsification
> of the court records by David Taylor acting on behalf of Mr. Maurice
> Law. This payment cannot be made contingent on the result of the
> Appeal in CACV 107 of 2008.
> e) Justice Pullin has instructed my learned friend Mr. Anthony Prime
> acting as solicitor for Mrs. Audrey Frances Hall to set aside the sum
> of $20k if one of the two caveated properties were to be transferred
> to a third party. This triggering event has occurred but my monies
> due and owing to me for the upliftment of my caveats has not been paid
> to me by Mr. Anthony Prime and this has caused me to make further
> claims against the estate of Nancy Hall.
> f) As said earlier,this payment for the upliftment of my caveats could
> not be made contingent upon the outcome of my appeal in CACV 107 of
> 2008 when Owen JA is clearly wrong on the facts on the law of that
> appeal decision. Although the matter has been to the Hgih Court, the
> refusal of the High Court to allow leave to appeal does not resolve
> this issue. I have therefore sought for the error of law apparent on
> the face of the court records to be effaced from the court records and
> this case has not been approved for filing as yet.
> I am still waiting for its outcome.
> g) I am in Malacca in 'West Malaysia and could not return until the
> 20th Aujgust, 2011 because both the parents of my spouse are
> terminally ill and my spouse has to be with them.
> Cheers
> NICHOLAS N CHIN
> Phone: +6065529459 Mobile: +60133811271.
> Emails: nnchin1@gmail.com; nnchin@msn.com
>
> On Wed, Aug 3, 2011 at 4:28 PM, <Emmi.Okada@justice.wa.gov.au
>>
>> Dear Mr Chin,
>>
>> I refer to your letter to the court dated 12 July 2011. His Honour Justice
>> Simmonds has just returned from leave and it is not until now that I am
>> able to respond to your letter. His Honour is of the view that despite your
>> absence on 8 August 2011, the hearing scheduled for that day should go
>> ahead. This is in part because the hearing would also involve the Second
>> Defendant who has not indicated any difficulty in attending on the day.
>> However, his Honour is prepared to hear from you in this matter.
>>
>> 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
>>
>>
>> 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.
Associate to Justice Simmonds:
Dear Emmi:
Thank you for email below. I would like to state that the case should
not proceed on 8.8.2011 as I would be denied my natural justice if it
were to so proceed in my absence on the following grounds:
a) The Notice of Originating Motion was not served on me by Chris
Stokes & Associates until a few days before I returned to my Perth
home from my youngest son's home in Sydney.
b) It was served upon me a few days before my scheduled flight dated
17.7.2011 to Kuala Lumpur to be with my spouse's parents who are
terminally ill and this is an emergency situation for which i have no
control of, .
c) I have given advance notice by having written to my learned friend
Mr. Chris Stokes on time and copied to the Supreme Court and informed
him and them well beforehand as soon as I was served with the Notice
of Originating Summons in this matter, of my personal circumstances -
explaining to them the dates of my availability
d) There are no reasonable grounds as to why Chris Stokes and
Associates would not and should not have consented to the matter being
put forward, having regard to my personal circumstances as already
explained above..
e) If I were denied my natural justice, any decision made by the
court which is adverse to my interests would be rendered null and
void;
f) I have caveatable interests in the two properties of the estate of
the late Nancy Cloonan Hall because there was first a promise by the
late Nancy Hall to pay me my legal fees which is not contingent and
can never be made contingent upon the success of my appeal in CACV 107
of 2008. The admission of Nancy and Justice Pullin to pay my debts
can never be resolved otherwise, unless this debt is being paid to me
from the estate of the late Nancy Hall by her administrators, failing
which, there must be clear pronouncements in the statement of reasons
as to why legitimate debts owing to me should not be paid. To say
that I have not done any salvour work for the estate is farcical and
far from the truth. .
g) There is an error of law apparent in the face of the court records
as is being explained by His Honour Commissioner Sleight who delivered
his judgement in CIV 1877 of 2010 dated 15.6.2011 and steps shall be
taken by the interested parties to resolve the issues in the manner as
recommended in that judgement.
h) The issues that was before the Court of Appeal and before the High
Court pertaining to the falsifications of the court records by David
Taylor in CIV 1131 of 2006 have never been resolved by the courts and
it is therefore never res judicata and it cannot be an abuse of the
process of the courts if the matter is being litigated again before
another forum.
i) The falsifications of the court records by David Taylor is a
subject of police investigation which is directed by the State
Attorney General and it involves the alleged corrupt act of Registrar
Powell. The Police have followed protocol by reporting the matter to
the Chief Justice of Western Australia and the matter is awaiting
finalization by the Chief Justice, failing which, the Police shall
re-commence its criminal investigations into this matter which is not
a matter which can be closed off as the CCC are also involved and must
act as they are bound by law and the facts of the case to do so.
j) Owen JA had made it clear that the fresh evidence of the
falsification of the court records can be admitted by the Court of
Appeal in CACV 107 of 2008 if such admission could cause a reversal of
the decision that has been made against me. It is my contention that
the admission of that fresh evidence is a material matter that can
cause a reversal effect of that decision namely that I have performed
my salvour work for the estate Nancy Hall i.e. I have caused the
Spunter's Caveat to be removed and the fraud of David Taylor had
caused a delay in the process resulting in the equity of Nancy Hall
being criminally clogged up and causing her damages as a result in
that her loan was not able to be processed and she was not able to
develop her property to the fullest extent and this resulted in her
premature death. It had also resulted in the estate of Nancy Hall
having fallen into the wrong hands as a result of the regulator of the
legal profession barking up the wrong tree by stating that I have made
a false allegations against David Taylor and hence my reasons for
chasing this matter about the falsification of court records until my
right to practice my profession independently is being returned to me.
I will not rest until all stones are being left unturned. My work as
a salvor for Nancy's Estate continues until that estate is being
returned to its rightful beneficiary and this process is now slowly
being realised....Nancy's beneficiary should pay the debts owing by
the estate to me as its salvour and should not involve me in further
fighting for the estate as my salvour work is continuing, as it
continues to dispute my rights.... I want to get out of it quickly as
I am working under conditions of necessity...
Emails: nnchin1@gmaillcom; nnchin@msn.com
- Hide quoted text -
On Wed, Aug 3, 2011 at 6:29 PM, Nicholas N Chin <nnchin1@gmail.com> wrote:
> Dear Emmi:
> Please let Justice Simmonds know of my submissions in the following terms:
> 1) the Second Defendant has also indicated to me that he is not
> prepared to have this case on 8.8.2011. He has contacted me. Please
> contact him at moza35@bigpond.com.
> 2) I have put in an application before the court of appeal to have the
> error of Owen JA in CACV 107 of 2008 and the related mattters be
> expunged from the court records on the ground of errors of law
> apparent on the face of the court records.
> c) Please Google for Nicholasnchin and you will see the injustice that
> has been perpetrated upon me by the Court of Appeal in CACV 107 of
> 2008 and its related matters. d) When I return to Perth I shall put
> in a response to the Orignating Motion filed in this matter by my
> learned friedn Mr. Chris Stokes on behalf of Mrs. Gannaway. The facts
> are clear with regard to the falsification of the court records in Civ
> 1131 of 2006. This shows that I have performed my duties as the
> salvor for the Mt Lawley and Hazelmere Properties of the late Ms.
> Nancy Hall. Miss Hall has given me written proof which are available
> in the records of CACV 107 of 2008 that she intended to pay me the sum
> of $15,000.00 for my solicitors work for her but for the falsification
> of the court records by David Taylor acting on behalf of Mr. Maurice
> Law. This payment cannot be made contingent on the result of the
> Appeal in CACV 107 of 2008.
> e) Justice Pullin has instructed my learned friend Mr. Anthony Prime
> acting as solicitor for Mrs. Audrey Frances Hall to set aside the sum
> of $20k if one of the two caveated properties were to be transferred
> to a third party. This triggering event has occurred but my monies
> due and owing to me for the upliftment of my caveats has not been paid
> to me by Mr. Anthony Prime and this has caused me to make further
> claims against the estate of Nancy Hall.
> f) As said earlier,this payment for the upliftment of my caveats could
> not be made contingent upon the outcome of my appeal in CACV 107 of
> 2008 when Owen JA is clearly wrong on the facts on the law of that
> appeal decision. Although the matter has been to the Hgih Court, the
> refusal of the High Court to allow leave to appeal does not resolve
> this issue. I have therefore sought for the error of law apparent on
> the face of the court records to be effaced from the court records and
> this case has not been approved for filing as yet.
> I am still waiting for its outcome.
> g) I am in Malacca in 'West Malaysia and could not return until the
> 20th Aujgust, 2011 because both the parents of my spouse are
> terminally ill and my spouse has to be with them.
> Cheers
> NICHOLAS N CHIN
> Phone: +6065529459 Mobile: +60133811271.
> Emails: nnchin1@gmail.com; nnchin@msn.com
>
> On Wed, Aug 3, 2011 at 4:28 PM, <Emmi.Okada@justice.wa.gov.au
>>
>> Dear Mr Chin,
>>
>> I refer to your letter to the court dated 12 July 2011. His Honour Justice
>> Simmonds has just returned from leave and it is not until now that I am
>> able to respond to your letter. His Honour is of the view that despite your
>> absence on 8 August 2011, the hearing scheduled for that day should go
>> ahead. This is in part because the hearing would also involve the Second
>> Defendant who has not indicated any difficulty in attending on the day.
>> However, his Honour is prepared to hear from you in this matter.
>>
>> 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
>>
>>
>> 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.
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