IN THE SUPREME COURT OF WESTERN AUSTRALIA
HELD AT PERTH
In the matters of:
1.
CIV 1275 of 2012
and 1323 of 2012, both of which currently listed for Special Appointment on
18.6.2012 at 10.30 am.
2.
VR158 of 2011 or
Law and Legal Profession Complaints Committee [2012] WASAT 36 dated 24.2.2012.
And
In the matter of an Ex-parte Application for Judicial
Review of Justice Chaney decision in VR158 of 2011 pursuant to RSC O 59 r 3 and
subs 25(6), 33,
43 and 59 of the Supreme Court Act,
1935 for declarative judgments.
BETWEEN
MAURICE FREDERICK LAW as the approved legal
representative of SPUNTER PTY LTD FIRST APPLICANT
And
DAVID GERALD TAYLOR FIRST RESPONDENT
THE LEGAL PROFESSION COMPLAINTS COMMITTEE
SECOND RESPONDENT
EX-PARTE: MAURICE FREDERICK LAW for Spunter Pty Ltd
------------------------------------------------------------------------------------------------------------
SUPPLEMENTARY AFFIDAVIT IN SUPPORT OF
NOTICE OF ORIGINATING MOTION DATED 8.3.2012
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Date of Document:
21st day of March, 2012
Filed on behalf of:
Applicant in person
Date of filing: 21st day of
March, 2012
Prepared by:
MAURICE FREDERICK LAW Phone: 08 92961555
87, William
Street , HERNE Mobile
WA 6059 Email: moza35@bigpond.com
P.O. BOX: 399 Mobile
MIDLAND WA 6936
TABLE OF CHRONOLOGY NO.1 – COMPLAINT NOS
5 AND 6
No.
|
Date of Event
|
Description of Event
|
Page Nos.
|
9
|
6.3.2012
|
1) President Chaney of SAT
delivered the Judgment in VR158 of 2011 on 24.2.2012 by dismissing the
following Complaints without any justifications for doing so:
A) COMPLAINT NO.6: DAVID TAYLOR MISLED MR. LAW AS TO
THE DATE OF FILING THE WRIT OF SUMMONS.
B) COMPLAINT NO.7: DAVID TAYLOR SWORE AN AFFIDAVIT CONTAINING
A FALSE STATEMENT WITH REGARD TO THE FILING OF THE WRIT OF SUMMONS.
2) It is clear that His
Honour is biased and had prejudged the issue and had expressed his intention
to dismiss complaint No.5 on 13.3.2012:
DAVID TAYLOR ADVISED MR.
LAW TO COMPLAIN TO LPCC AGAINST MR. CHIN WITHOUT ANY ADEQUATE OR PROPER BASIS
FOR DOING SO.
3) Complaint No.5 relates
to the issue that David Taylor advised Maurice Law to start a Frivolous and
Vexatious Claim against Ni Kok Chin in Midland Minor Claim CA No. 2475 of
2006 through the help of Registrar Powell (See Annexure: Table Showing the
Jurisdictional Errors of President Chaney of SAT in his Honour Judgment in
VR158 of 2011 or LAW and LEGAL PROFESSION COMPLAINTS COMMITTEE [2012] WASAT
36. The Jurisdictional Errors is
clearly explained vis-à-vis the 21 numbered paragraphs of the said Judgment
and is in 9 pages (The Jurisdictional Error of President Chaney).
|
SUPPLEMENTARY AFFIDAVIT: PAGES
74A1 to 74A9 for President’s Chaney Judgment dated 24.2.2012.
PAGES 74B1 to 74B9 –
JURISDICTIONAL ERRORS OF JUSTICE CHANEY
|
9A
|
21.3.2012
|
Letter of Complaint by
Maurice Frederick Law to the Principal Registrar of the Supreme Court of
Western Australia requesting for the re-listing of CIV1397 of 2012 after it
had been mistakenly dismissed by the Chief Justice His Honour Wayne Martin QC
on 12.3.2012. His Honour, should have
adjourned the Application for Judicial Review in CIV 1397 of 2012 adjourned
it pending Maurice Law’s oral
application for President and Justice Chaney of SAT to recuse himself from
further VR158 of 2012 on 13.3.2012. By
virtue of the technical mistake of the Chief Justice as evident in the
transcript of the proceedings dated 12.3.2012, the Principal Registrar should
now re-list the Judicial Review before another Judge. See Annexure MFL74C1 to
MFL 74C10.
|
PAGES 74C1 to 74C10
|
1.
I, MAURICE FREDERICK LAW as the authorized
non-lawyer legal
2.
representative
of Spunter Pty Ltd (Retired Builder) of No. 87, Herne Hill, MIDLAND WA PO Box 399 , MIDLAND WA
2.1. I am
filing this Supplementary Affidavit to complement my Affidavit together with its
Annexed documents and My Notice of Originating Motion in Form 64 for Judicial
Review in CIV 1397 of 2012 dated 8.3.2012, totaling 134 pages. I now found there are now 32 pages missing at
item 9 and at the missing and now interpolated item 9A of the First Table of
Chronology in my Affidavit dated 8.3.2012.
That original Affidavit of 130 pages, should have the now 33 missing pages
added to it from this Supplementary Affidavit.
The missing pages are made up as follows:
2.1.1. The Five pages of this Supplementary
Affidavit dated and sworn 21.3.2012.
2.1.2. The remaining 28 Annexed pages of this
Supplementary Affidavit made up of the following:
2.1.2.1. The 9 pages of
Annexure 74A1 to 74A9 which comprises the subject judgment of His Honour
Justice Chaney dated 24.2.2012, which the Honourable Chief Justice found to be
missing as recorded in the transcript dated 12.3.2012.
2.1.2.2. The 9 pages of
Annexure 74B1 to 74B9 which is a Table prepared by me bearing references to the
respective paragraph numbers of the subject judgment, which contains the
Jurisdictional Errors of Justice Chaney.
2.1.2.3. The 10 pages of
my complaint letter dated 31.3.2012 sent by me to the Principal Registrar of
the Supreme Court, et al., requesting
the Supreme Court to reinstate my Application for Judicial Review in CIV1397 of
2012 to be heard before another judge of the Supreme Court of Western Australia. This complaint letter contain the annexed
pages of the Order of President Chaney dated 13.3.2012 stating that President
Chaney had refused to recuse himself from hearing VR158 of 2011 in the
aftermath of the hearing of the Judicial Review Application by the Chief
Justice on 12.3.2012. The learned Chief
Justice had indicated in the transcript of the proceedings dated 12.3.2012 that
the Judicial Review should only be heard by the Supreme Court after President
Chaney of SAT had refused to recuse himself from hearing VR158 of 2011 (the
condition). The condition set by the Chief Justice has now been fulfilled and
therefore the Principal Registrar should re-list CIV1397 of 2012 for a
re-hearing as the Chief Justice did ask me if he should have dismissed my
Judicial Review Application and I made of saying YES to him instead of saying
NO. It is my mistake and I regret for
saying that.
2.2. The facts herein as contained in the Tables
of CHRONOLOGY as indicated above in item 9 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.
SWORN by the First Deponent at Perth
In the State of Western
Australia
This day of FEBRUARY,
2012 ]……………………………………………..
(Signature of MAURICE FREDERICK
Before Me,
…………………………………..
Justice of Peace/ Commissioner of the Supreme
Court for Taking Affidavit
SWORN by the Second Deponent ]
at Perth In the State
of Western
2012. ]……………………………………………..
Before me: (Signature of
Maurice Frederick Law as the Second Deponent)
…………………………………..
Justice of Peace/
Commissioner of the Supreme
Court for Taking
Affidavit
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