EMAIL LETTERS TO THE FULL BENCH OF THE SUPREME COURT AND THE LPCC RE: LPD2 OF 2012

Nicholas Ni Kok Chin - LL.B.; B.Econs.(Business & Accountancy), Post. Grad. Dip (Business Law)

Our Ref: NNC-LPD2 OF 2012.   

The Hon. Chief Justice Wayne Stewart Martin
Executive Assistant, Chief Justice's Chambers - tel (08) 9421 5337
E-mail - Chief.Justice.Chambers@justice.wa.gov.au
Associate - tel (08) 9421 5395
E-mail - Associate.Chief.Justice@justice.wa.gov.au

The Hon. Justice John Roderick McKechnie
Associate - tel (08) 9421 5385
E-mail - Associate.Justice.McKechnie@justice.wa.gov.au

The Hon. Justice Stephen David Hall
Associate - tel (08) 9421 5382
E-mail - Associate.Justice.Hall@justice.wa.gov.au

The Legal Profession Complaints Committee

2^nd Floor,

55, St. Georges Terrace

PERTH WA 6000

Thursday, November 22, 2012

Dear Sirs

HEARING OF LPD2 OF 2012 LPCC V CHIN AT 10.30 AM IN COURT ROOM NO. 1 ON FRIDAY 23.11.2012: CORAM:  MCKECHNIE J., BEECH J. ,  HALL J.  

 

I refer to the above matter and would like state the following:

1.   I want the Honourable McKechnie to recuse himself as a judge from hearing the above case and the Full Bench be so re-constituted (the Recusal). 

2.   The grounds for the Recusal of McKechnie J is based on the fact that His Honour is biased and prejudiced against me in the two previous judgments in RE NICHOLAS NI KOK CHIN; EX PARTE CHIN [2012] WASC 219 and  RE NICHOLAS NI KOK CHIN; EX PARTE CHIN [2012] WASC 220 (the Two Judgments), both dated 18.6.2012, where:

2.1 His Honour did shut his mind to the single issue of the past decisions of the various courts that has never been litigated thereby implicating that I am a Vexatious Litigant when in factual fact I could never be one if my explanations were examined and read carefully by His Honour (the Non-Res Judicata Issue).

2.2.The Non-Res Judicata Issue confuses His Honour Justice Murray’s mind thereby causing His Honour to believe falsely that I was a Vexatious Litigant  (Mr. Chin’s Status as a Vexatious Litigant).

2.3.      The Non-Res Judicata Issue relates to an Error of Law that is in turn related to fact and the law that there can never be a Caveatable Interests for a Caveator if he simply does not have proprietary interests in the subject property that he had wrongfully lodged his caveat against (The Undecided Error of Law).

2.4.      My learned friend Mr. Timothy Robin Thies did not have the necessary proprietary interests in my son Paul C K Chin’s home at No.29 O’Dell Street, Thornlie in the State of Western Australia to found his Caveatable Interests, which became the crucial issue that caused the injustice to me and my son (Mr. Thies Non-Caveatable Interests).

2.5.      Mr. David Taylor did not see the missing proprietary interests of Spunter Pty Ltd in both the Hazelmere and Mt. Lawley properties of Ms. Nancy Cloonan Hall to found Spunter’s Caveatable Interests and a result that became the protracted litigation that I and Maurice Law were involved in CACV 107 of 2008 and et sequel (Spunter’s Non-Caveatable Interests).

2.6.      Mr. Thies Non-Caveatable Interests and Spunter’s Non-Caveatable Interests are the cause of the Undecided Error of Law and Mr. Chin’s Status as a Vexatious Litigant).

2.7.      His Honour’s duties as a judge in the two judgments have never been discharged and it is the case that His Honour is unwilling to see the Non-Res Judicata Issue and the Undecided Error of Law but gave the excuse that His Honour could not understand my plaints.  Nothing could be easily understood without His Honour acquiring an adequate background knowledge of it which I was at pains to provide. The two judgments have therefore brought about gross injustice to me and if His Honour were allowed to hear the above proceedings, it is more than likely that His Honour would bring about further gross injustice to me (the Further Injustice of McKechjie J).

3.         In the premises, I daresay that the Further Injustice of McKechnie J shall be “exacerbated” by this Honourable Court should His Honour be put to the test to hear the important point of the fact and the law which I refer to as the JURISDICTIONAL ERROR OF SAT IN VR 87 OF 2009.  In short, there is currently no valid judgments of the SAT Panel in VR87 of 2009 dated 24.4.2012 and 20.8.2012 that is before this Honourable Court in LPD2 of 2012 and that is purportedly warranting the Motion of the LPCC that I be struck off the roll of Barristers and Solicitors.  My argument is based on the following grounds:

3.1.      At all material times, the alleged 13 findings of professional misconduct and two findings of unprofessional conduct against me were allegedly committed by me during the years 2004 and 2005.  The applicable statute law is therefore the Legal Practice Act, 2003 and not the Legal Profession Act, 2008 (the Applicable Statute Law).

3.2.      S. 205A and s. 185 of the Applicable Statute Law provides that President of the State Administrative Tribunal of Western Australia His Honour Chaney J must make the decision recommending me to the Full Bench of the Supreme Court of Western Australia to have me struck off the roll of Barristers and Solicitors of the Supreme Court of Western Australia (the Applicable Statute Law).

3.3.      Both the SAT decisions dated 24.4.2012 and 20.8.2012 are not the decision of President of SAT Justice Chaney but the Written Judgment of His Honour Judge Timothy Sharp in his role as the Deputy President of SAT.  This is not permitted by the Applicable Statute Law  and is referred to as the JURISDICTIONAL ERROR OF SAT IN VR87 OF 2009. This translate into a NULL and VOID RECOMMENDATION argument succinctly put by me at the Just Grounds Community Website entitled: THE TRANSITIONAL EFFECTS OF THE LEGAL PROFESSION ACT 2008 IN SO FAR AS IT AFFECTS MY CASE IN VR 87 OF 2009 at:  http://justgroundsonline.com/forum/topics/the-transitional-effects-of-the-legal-profession-act-2008-in-so.

3.5.      Therefore I plead that this Honourable Court do accede to my application for the Recusal of McKechnic J and do dismiss this Motion with costs and do compensate me for all my economic losses and damages and the hardship that I had had to undergo all these years since 12.9.2006 till today but for the improper motives of the LPCC in taking away my lawyer Independence unjustifiably.  

  

Yours faithfully    

Nicholas Ni Kok Chin

Office: 387 Alexander Drive, DIANELLA WA   6059, AUSTRALIA. Contact:  ph: +6189275 7440; fax: +618 92757440; mobile: 0421642735; emails: nnchin1@gmail.com; nnchin@msn.com; Skype: nicholasnchin2885