SUPPLEMENTARY AFFIDAVIT FILED IN CIV1019 OF 2010

IN THE SUPREME COURT OF WESTERN AUSTRALIA CIV NO:1019of 2010
HELD AT PERTH
In the matter of an application for Certiorari Orders Nisi to review and quash the decision of the learned President Justice Chaney of the State Administrative Tribunal of Western Australia (SAT), in both his judgments in VR107 of 2008 and VR87 of 2009; the insufficiency of the reasons for judgment impinging on the President’s credibility and his lack of independence as a judge warrants a review of the former decision and a striking off of the latter action as an abuse of the process of court.

And

In the matter of an Application Under Order 67 r.5 of the RSC, 1971 (WA) for Leave to re-file the Amended Papers of the Original Application that were originally rightly considered and rightly refused by the learned Martin CJ on 14.12.2009 in CIV 3068 of 2009 on grounds that the Notice of Originating Motion were then found to be “incomprehensible, prolix and replete with derogatory hyperbole and does not appear to be justified by the facts identified in the Affidavit” but it is now no longer deemed to be so.

EXPARTE: NICHOLAS NI KOK CHIN
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Date of document: 28th March, 2010
Date of filing: 28th March, 2010
Filed on behalf of: The Ex parte Applicant
Prepared by:
NICHOLAS NI KOK CHIN Phone: 08 92757440;
387, Alexander Drive, DIANELLA Mobile: 0421642735
WA 6059 Emails: nnchin@msn.com; nnchin09@tpg.com.au


SUPPLEMENTRY AFFIDAVIT OF NICHOLAS NI KOK CHIN
SWORN THE 28th March, 2010
WITH ANNEXURES




LIST OF ANNEXURES
No Label Date of Document Particulars of Document Page
A AFFI 28.03.2010 Supplementary Affidavit of Applicant Nicholas Ni Kok Chin with 123 pages of annexed documents i to xii
1. NNC-1 to
NNC-2 6.10.2009 Email letter from President of Unity Party WA Mr. Eddie Hwang to Chairperson of the Legal Practice Board copied to the Attorney General regarding the unlawful restriction on my independent legal practice by its Pseudo Board 1-2
2 NNC-3 to NNC-17 10.11.2009 The transcript of proceedings before President of SAT in VR87 of 2009 3-17
3 NNC-18 26.11.2009 Email from Unity Party WA to Applicant - Complaint to Ombudsman re Pseudo Board. 18
4 NNC-19 to NNC-31 10.12.2009 Affidavit sworn by Applicant in CIV 3086 of 2009 to correct errors of Court of Appeal in CACV 107 of 2008 re falsifications of court records by Mr. David Taylor in CIV 1131 of 2006 and the fact that Applicant did not make false allegations against Mr. David Taylor which is an error of Justice Chaney in his First Judgment in VR107 of 2008 (the First Judgment). 19-31
5. NNC-32 10.12.2009 Cover letter from Applicant to Chief Registrar of Supreme Court attaching Affidavit sworn by Applicant on the same day in CIV 3086 of 2009 32
6. NNC-33 11.12.2009 Email correspondence between the President of the Unity Party WA and Applicant re the falsifications of court records by Mr. David Taylor with the collaboration and help of the learned Registrar Mr. D Powell. 33
7. NNC-34 to
NNC-35 14.12.2009 Cover facsimile letter enclosing 16 pages and a similar email letter from Applicant to LPCC re false allegations of the LPCC against Applicant before Justice Chaney who refused to accept the facts of the case but insist on branding me as having a proclivity to make false allegations against fellow legal practitioners in the First Judgment.
34-35
8 NNC-36 to
NNC-37 22.12.2009 Draft Judgment by His Honour Chief Justice Wayne QC who dismissed my Application in CIV 3086 of 2009. 36-37
9 NNC-38 24.12.2009 Email letter by Applicant to Crime Corruption Officer Mr. Hellier regarding the incorrect statement of reason by the Chief Justice. 38
10 NNC-39 24.12.2009 Email letter by Applicant to Associate of the Chief Justice re correct copy of Statement of Reason or trial transcript for his dismissal of CIV 3086 of 2009 on 22.12.2009. 39
11 NNC-40 to
NNC-47 22.12.2009 Trial transcript for hearing on 22.12.2009 when Chief Justice dismissed CIV 3086 of 2009 40-47
12 NNC-48 29.12.2009 Facsimile letter from Applicant to LPCC copied to SAT and Supreme Court that I have submitted papers for Writ of Certiorari Review Orders in CIV 3068 of 2009 that was subsequently dismissed by the Chief Justice. 48
13 NNC-49 30.12.2009 Email letter from Ms. Juliana Loskoska of Court of Appeal re my progress in filing my Application for Special Leave to the High Court of Australia in P1 of 2010. 49
14 NNC-50 12.1.2010 Email letter from Associate to Deputy President of SAT Her Honour Judge Pritchard re orders of the Justice Chaney dated 10.11.2009. 50
15 NNC-51 18.1.2010 Facsimile letter form the Applicant to LPCC re Mr. David Taylor 51
16 NNC-52 to
NNC-60 19.1.2010.
20.1.2010
28.1.2010
2.2.2010 Emails communications between Ms. Turner of SAT and Applicant re the continuation of the res judicata proceedings despite my Application for stay and review orders to strike it off as abuse of process in CIV 1019 of 2010 at the Supreme Court. 52-60
17 NNC-61 to
NNC-62
NNC-62A NNC-62B 23.1.2010 The falsifications of the Court records in CIV 1131 of 2006 were reported to the Police Commissioner.
61-64
18 NNC-63 to
NNC-64 3.2.2010 Facsimile letter from Applicant to SAT, the LPCC and the Supreme Court in CIV 1019 of 2010 re stay of execution of res judicata proceedings in SAT VR 87 of 2009 65- 66
19 NNC-65 to
NNC-76 6.2.2010 Facsimile Letter form Applicant to State Ombudsman requesting it to investigate the irregularity of the Department of Attorney General for maladministration in allowing Pseudo Board to fester in the legal system of WA against the public interest. 67-78
20. NNC-77 to
NNC-80 8.2.2010 and various Letters from the Chief Executive Officer of SAT following President Chaney’s decision for directions hearing on 16.2.2010 to fix further directions hearing scheduled on 13.4.2010 and final hearing of res judicata proceedings in VR87 of 2009 on 18.5.2010 for three days. 79-82
21 NNC-81 to
NNC-85 8.2.2010 Facsimile letter from Applicant to SAT, LPCC and Supreme Court in CIV 1019 of 2010. 83-88
22 NNC-86 to NNC-87 24.1.2010 Online Complaint to the Department of the Attorney General re the falsification of the court records in CIV 1131 of 2006. 89-90
23 NNC-88-NNC-92 4.2.2010 and various Letters from State Ombudsman and the Attorney General responding to Applicant’s complaints about Pseudo Board and the falsification of court records in CIV 1131 of 2006. 91-95
24 NNC-93 5.3.2010 Email letter from Associate of President of SAT Ms. Toni Sherwood to Applicant that President has recused himself from the final hearing of VR 87 of 2009. 96
25 NNC-94 to NNC-96 1.3.2010
11.3.2010 Original Letters from the High Court of Australia informing Applicant of dismissal special leave to appeal in P36 of 2009 re the Pseudo Board relying on the credibility of Justice Chaney who had not accepted the mala fides of the Pseudo Board thus opening up an avenue for review by Supreme Court in CIV1019 of 2010. 97-99
26 NNC-97 to
NNC-100 11.3.2010 Email letter from Applicant to State Ombudsman urging it to investigate reason as to why Department of the Attorney General allows the Pseudo Board to fester in the regulator of the legal profession against the public interest which was not accepted by Justice Chaney. 100-103
27. NNC-100A to NNC-102 17.3.2010
24.3.2010 Communication with Deputy Registrar of High Court Mr. Matthew Grey and State Ombudsman regarding need for High Court to review its decision in P36 of 2009 and for the Ombudsman to review its position with regard to the position of judicial officers having a conspiratorial link with LPCC through the mala fides of the Pseudo Board. 104-106
28 NNC-103 to NNC-115 15.3.2010
17.3.2010
19..3.2010 Facsimile letter from the Applicant to LPCC copied to SAT and Supreme Court in CIV 1019 of 2010 with regard to conspiratorial link between the LPCC and Justice Chaney and requiring him to answer those 21 questions concerning res judicata proceedings in VR87 of 2009. All these information have been copied to the Deputy Registrar of the High Court Ms. Cheetham. 107-119
29 NNC-116 to NNC-119 20.3.2010 Email letter to world by Unity Party publishing the fact that racism is thriving in WA in response to former Premier Dr. Geoff Gallop call for better governance in Western Australia. 120 to 123.


I, Nicholas Ni Kok Chin, Barrister & Solicitor, No. 387, Alexander Drive, Dianella WA 6059, having been duly sworn, say on oath the following:
1. I am filing this Supplementary Affidavit to supplement my five-page Affidavit sworn 6th day of January, 2010 containing annexed 520 pages of evidentiary materials which is self-explanatory. The renewed purpose of this Supplementary Affidavit sworn 28th day of March, 2010 is in support of my application for Certiorari Orders for a two-fold purpose:
1.1. the quashing and review of the First Judgment by the President of SAT, His Honour Justice Chaney on the grounds that he had refused to accept the live issues affecting the existence and the mala-fides of the Pseudo Board which did not have the lawful authority to restrain my independent legal practice for a clandestine purpose to protect its cronies;
1.2. the quashing, review and the striking off of the res judicata re-persecution proceedings in the Second Judgment in VR 87 of 2009. It knew or ought to have known that this is a malicious re-persecution caused by the mala-fides of the Pseudo Board acting illegally through the statutory body the Legal Profession Complaints Committee (the LPCC) funded by the public to do public interests work of disciplining erring members of the legal profession. Instead it has been reasonably found to be abusing the process of court, to wit to do an intentional tort which is a calculated mischief for the purpose of getting rid of me as a whistle blower. In the process it is trying to implicate me for the preposterous proposition of professional misconduct and is injuring my reputation as a result and is causing me economic loss and sufferings in terms of pains and mental torture, all for no professional misconduct. This is contrary to the principle of the rule of law in res judicata and issues estoppel which forbids the LPCC to pursue further remedies of professional misconduct if it had originally neglected to do it properly for the first time.
2. The facts herein are true and correct, to the best of my knowledge, information and belief. Where I identify the source of facts stated as other than from my own personal knowledge, I believe such facts to be true and correct.
3. On 20.1.2010 I filed a six page Minute of Proposed Certiorari Orders Nisi pursuant to my Notice of Originating Motion in CIV 1019 of 2010 filed the 6th day of January, 2010 which is scheduled for hearing before the learned Justice Heenan in Chambers on 6.4.2010 at 10.20 am.
4. Due to the change of circumstances caused by the High Court of Australia on 10.3.2010 dismissing my Application for Special Leave to Appeal in P36 of 2009, I have to file an Amended Minute of Proposed Certiorari Order Nisi pursuant to my Notice of Originating Motion in Civ 1019 of 2010 containing six pages, filed the 25.3.2010 at 3.50 pm at the Central Office of the Supreme Court Building in Spring Gardens at Barrack Street, Perth.
5. On the 25.3.2010 at 3.50 pm, I also caused to be filed in CIV 1019 of 2010 a 22 page documents in three copies my Outline of Written Submissions together with my List of Authorities which represents my argument for my prayers as contained in the Amended Proposed Certiorari Orders as indicated above.
6. I would now like to keep the Honourable Justice Heenan who is hearing my Application for leave to file my Application for the proposed Certiorari Orders, up-to-date with the latest developments of my case in the following terms:
6.1. The President of the Unity Party of WA did write to the Chairman of the Legal Price Board of Western Australia informing her that the Pseudo Board is acting without lawful authority and is usurping the statutory functions of the regulator of the legal profession of WA to protect some clandestine interests. As a result of her being notified of this state of affairs, there seems to be no positive indications as what corrective measures that it should be taking. On previous occasions, the Board heeded to my barrister’s request for its lawful authority in the form of its valid minutes of delegation to the Pseudo Board to unlawfully interfere with my independent law practice and it had admitted by its conduct on two previous occasions that it did not have that valid authority. This led to my first Appeal in CACV 43 of 2007 to be abrogated for a consent judgment on the 26.9.2007 but unfortunately, the terms of the consent judgment was not honoured. Records of these terms are with Registrar Eldred of the Court of Appeal and it could be found in the evidence provided to this Court. (See: Annexure NNC-1 to NNC-2).
6.2. As a result of the res judicata point judgment which was made in ambush against me by the learned President of SAT His Honour Justice Chaney on the 4.11.2009 when I was wrongly adjudged to have been guilty of professional misconduct in absentia, I was subsequently given a chance to be present before Justice Chaney on the date which he had notified to be present i.e. on the 10.11.2009. I have objected to the illegal manner that the res-judicata point judgment had been conducted by my having been denied natural justice. The transcripts of the proceedings are in 15 pages. (See Annexure: NNC-3-NNC-17).
6.3. On 26.11.2009, Ms. Rachel Francis as the Assistant Administrative Assistant of the WA Ombudsman responded to Mr. Eddie Hwang of Unity Party WA with regard to its complaint about the Legal Practice Board. (See Annexure: NNC-18)
6.4. The Court of Appeal made an error regarding the falsification of court records by Mr. David Taylor in paragraph 54 and 55 of its otherwise perfect judgment in CACV 107 of 2008. I sought to rectify this error through an Application for Certiorari Orders in CIV 3086 of 2009 containing my Affidavit sworn 10.12.2009 which was dismissed by the learned Chief Justice Wayne Martin QC. (See Annexure: NNC-19-NNC-31).
6.5. On the same day, I wrote to the Chief Registrar of the Supreme Court filing my Affidavit referred to in sub-paragraph 6.4 above (See Annexure: NNC-32).
6.5. On 11.12.2009, I explained to the President of Unity Party WA Mr. Eddie Hwang by email regarding the falsifications of court records by Mr. David Taylor who would not have achieved his purpose if there was no cover up by the learned Registrar Powell. This is an administrative error of the Supreme Court which should be investigated by the State Ombudsman under s.14 of the Parliamentary Commissioner Act, 1971. Similarly, this should also happen in the case of the Learned Justice Chaney who has been acting under the behest of the Pseudo Board to persecute me illegally for imagined professional misconduct in VR 87 of 2009. (See Annexure: NNC33).
6.6. My persecutor the LPCC is working at the behest of the Pseudo Board to persecute me to no ends and it would not budge from its wrongful stance to do its statutory duties to discipline erring legal practitioners. It just would not listen and it keeps on making false allegations against me in VR87 of 2009 despite knowing that it is treading on res judicata grounds and that it should not be seeking further remedies after it had already persecuted me on the same issues of facts and law. It is therefore abusing the legal process and it has the sanction of the learned President Chaney who does not require the LPCC to conform to his orders and who does not require its counsel Ms. Le Miere to say thing for fear of misleading the tribunal. (See Annexure: NNC-34 – NNC-35).
6.7. On the 22.12.2006, His Honour Wayne Martin QC as the presiding judge and who is also the Chief Justice of the legal system in WA decided to dismiss my application but he was in error when he did not give me a proper reason for his decision (See Annexure: NNC-36-NNC-37).
6.8. I had to write to the Crime Corruption Commission of WA and the Associate of the Chief Justice Ms. Butterly on 24.12.2009 for the proper statement of reason from the learned Chief Justice who dismissed CIV 3086 of 2009 on 24.12.2009 and I was rewarded by my efforts. (See Annexure: NNC-38 to NNC-47).
6.9. By the 29.12.2009 I was preparing my papers for another Writ of Certiorari Orders in CIV 3068 of 2009 with the view of seeking the Supreme Court to exercise its inherent powers to quash the Orders of Justice Chaney given by ambush on 4.11.2009 when he prejudged that I am guilty of professional misconduct without affording me a trial. I objected to this ambushed trial and subsequently I was given a chance to argue my case before him the 10.11.2009. As a result, he gave Orders which is beyond his jurisdiction which I had to inform the opposing party that I could not comply as I was then shocked and traumatised by the unfair injustice meted out to me. (See Annexure: NNC-48).
6.10. By the 30.12.2009 I was in touch with the Court of Appeal regarding the dismissal of my CIV 3086 of 2009 by the Chief Justice and that I was then intending to make an application for special leave to appeal to the High Court in P1 of 2010 (See Annexure: NNC-49).
6.11. On 12.1.2010 I was in telephone contact with Ms. Alexander Turner who is the Associate of the Deputy President of SAT to the effect that the President was recusing himself and that the res judicata proceedings will be heard by Judge Pritchard. I told her that I have made a fresh application in CIV 1019 of 2010 for Certiorari Orders to set aside the res judicata proceedings with SAT in VR 87 of 2009 after my second Certiorari Orders Application in CIV 3068 of 2009 was dismissed by the Chief Justice (See Annexure: NNC-50).
6.12. On 18.1.2010 I wrote a complaint letter again to the LPCC regarding Mr. David Taylor informing it of the current situation following the error of the Court of Appeal in CACV 107 of 2008 in Chin v Hall that was the subject of my Application for Special Leave to Appeal in the High Court in P1 of 2010. (See Annexure: NNC-51)
6.13 On 19.1.2010 I further communicated with Ms. Turner the Associate of the Deputy President regarding the continuing agitation by the LPCC to further re-persecute me on the res judicata matters (See Annexure: NNC-52 to NNC-60) .
6.14 On 23.1.2010, the falsifications of the court records in CIV 1131 of 2006 was reported to the Crime Stoppers because there was a criminal offence contrary to s.85 of the Criminal Code Act, 1913 and the cover-up is contrary to s.27 of the Crime Corruption Commission Act, 2003. (See: Annexure: NNC-61-NNC-62).
6.15. By the 3.2.2010, I had to write to the parties concerned that the malicious re-persecution of me for professional misconduct was unnecessary due to my application for Certiorari Orders in CIV 1019 of 2010. (See Annexure: NNC63-NNC64).
6.16. On the 6.2.2010 I wrote a 12 page letter to the State Ombudsman regarding the maladministration of the Department of the Attorney General for allowing the Pseudo Board to fester the regulator of the legal profession in WA, which enables the Ombudsman to investigate it under s.14 of the Parliamentary Commissioner Act, 1971 (WA). The wrong is that a government department had been involved in maladministration by allowing the Pseudo Board to usurp the lawful authority of the regulator of the legal profession in WA and to prejudice its lawful functions (See Annexure: NNC-65-NNC-76).
6.17. The President of SAT, His Honour Justice Chaney continued to arrange the res judicata proceedings that was without jurisdiction for further directions hearing and for the final hearing before Her Honour Judge Pritchard who is the Deputy President of SAT. I am frightened that is a pre-arranged hearing with a set agenda that is going to achieve a clandestine purpose as is apparent from the intentions of the learned President as evinced by his words and his conduct when I was before him in one of the directions hearing. I have asked for a copy of the transcript for the directions hearing on 16.2.2010 that was conducted in my absence, but I have yet to receive it (See Annexure: NNC77 to NNC-81).
6.18. On 8.2.2010 I was in communication with the various parties with regard to the developments of the res judicata proceedings in VR87 of 2009 with Ms. Turner together with my communication with the State Ombudsman (See Annexure: NNC-81 to NNC-85).
6.19 On the 24.1.2010 I was forced to make an online complaint to the Attorney General of Western Australia. Your Honour will note that I have always been exercising restraints against complaining against anyone let alone any legal practitioner. I would not want to stir the hornet’s nest and it is the least to be expected of me. However, I need to make these complaints as they were necessary under the circumstances. For example, Mr. David Taylor was not willing to live and let live and was bent on doing all he could to discredit me and he did through Registrar Powell by ordering me to pay a costs order of $300.00 to Mr. Maurice Frederick Law in CIV 1131 of 2006 and I had to defend myself in the Magistrates Court which I won finally. I would never want to give Mr. Taylor or Mr. Thies any problem if I could help it. I had spoken to him to settle this matter but he had told me to do what I like. I have no choice. There was nothing I could do to release him from all these troubles. (See Annexure: NNC-86-87).
6.20 I have since lodging my complaints with the State Ombudsman and the Attorney
General of Western Australia received some responses since 2009 till the present day (NNC-88 to NNC-92).
6.21 On 5.3.2010 I finally received an email from the Associate of Justice Chaney that he is willing to recuse himself only for the final hearing of the res judicata proceedings in VR87 of 2009 but he is laying down the ground for his Deputy President to preside over its hearing for three beginning from the 18.5.2010. (See Annexure: NNC-93).
6.22. On 1.3.2010 the Senior Registrar of the High Court of Australia wrote to me that my Application for Special Leave to Appeal in P36 of 2009 is scheduled for publication of reasons and pronouncement of Orders on 10.3.2010 in Canberra. Subsequently I received the Order dismissing my application and the reason in the judgment states that that judgment was based on the credibility of Justice Chaney. (See Annexure: NNC-94 to NNC-96).
6.23. Justice Chaney refused to take account of the fact that the Pseudo Board did not have the lawful authority of the regulator of the legal profession in WA to unreasonably curb my independent legal practice for no professional misconduct. As a consequence, the reasons provided by Justice Chaney in his First Judgment in VR 107 of 2008 that became the subject of my unsuccessful leave applications to appeal in the Court of Appeal of the Supreme Court of WA in CACV 105 of 2008 and in the High Court in P36 of 2009. Irrespective of whether my appeal have been successful or not, if those live issues of the mala fides of the Pseudo Board was considered by Justice Chaney as the trial judge in the First Judgment, I would be barred from having this matter adjudicated again in the current proceedings in CIV 1019 of 2010. If Justice Chaney had been bona-fide in the execution of his duties as a judicial officer to provide me with fair justice, then there is no reason to impeach his credibility. On account of the fact that Justice Chaney lacks credibility in his First Judgment and in his Second Judgment, which is the very ground relied upon by the High Court, then the High Court may have to open itself for a review of its decision or the Supreme Court is enabled to take this task.
Therefore this is no argument that the undecided matters left by Justice Chaney are going to be barred by any defence of res judicata or issue estoppel. (See my Written Outline of Submissions filed in CIV 1019 of 2010 on 25.3.2010 in 22 pages and also see Annexure: NNC-97 to NNC-99).
6.24. I have been communicating with the State Ombudsman and the High Court with regard to the festering of the Pseudo Board in WA justice system which is protecting its cronies who have wronged members of the public with impunity. They have been guilty of plundering and pillaging innocent members of the public and the LPCC is working through the Pseudo Board and is reasonably found not to be performing its statutory duties to impose discipline on erring members of the legal profession. Instead, it is geared to weed out whistle blowers such that the system is going to get worse instead of getting better. Members of Parliament are now campaigning for better governance. My letters responding to the LPCC continuing efforts to re-persecute me for the preposterous proposition of professional misconduct, without an inkling that such persecuting is verging on impossibility to succeed, without the constituent elements of my unfitness to practice being present unless it can be concocted. As such it is a sheer waste of public funds to harness the LPCC by the Pseudo Board for the purpose of pursing its private clandestine interests of protecting its cronies (See Annexure: NNC-100 to NNC-115).
6.25. The Unity Party of WA smells a rat. Its members are of the unanimous decision that the causes of all these bickerings are the result of the pockets of racism that are rearing its ugly heads from time to time and is an enigmatic force that cease to go away although not everyone of us would like to be branded as a racist. I understand that even Chinese people are racists.
6.26. But no one should be a victim of racism and the government has to take care of this. Our former WA Premier Dr. Geoff Gallop is blasting racism and the world should know about it. So Unity Party WA is taking the first step to let the world know such that we might have better governance through our judiciary. Australia is to be applauded for leading the world in having a true democratic government and is criticising the wrong-doings of the ruling Malaysian Government persecution of the leader of its opposition political parties Mr. Anwar Abraham.
6.28. In its over-zealousness to foster democracy in other nations, Australia is forgetting its little problems of racism in its own backyard just as the Malaysian government is using the “backside” of a young man Saiful to claim victory over its opposition icon. (See Annexure: NNC-116 to NNC-119)


SWORN by the Deponent at Perth ]
In the State of Western Australia ]
This 28th day of March, 2010 ]……………………………………………..

Before me:
…………………………………..
Justice of Peace/ Commissioner of the Supreme
Court for Taking Affidavit