Thursday, August 26, 2010

LAWYER TIMOTHY ROBIN THIES THREATENS TO COMPLAIN AGAINST ME ON UNREASONABLE GROUNDS

FW: Chin v Thies CACV 75 OF 2010
Tim Thies
Dear Mr. Chin, I have previously sent you the below emails and also forwarded...
6:40 PM (14 hours ago)
Reply
|Nicholas N Chin to lpcc, Tim
show details 10:49 PM (10 hours ago)
Mr. Timothy Robin Thies
The Legal Practitioners Complaints Committee, WA
Dear Mr. Thies
I would like to respond to your email below recording my ANSWER IN BLOCK CAPITALS in terms of the following:
On Thu, Aug 26, 2010 at 6:40 PM, Tim Thies wrote:
Dear Mr. Chin,
I have previously sent you the below emails and also forwarded them to you by post. All of your three email addresses in your service address box details in your Appeal notice have returned delivery status notification failures (copies attached).
MY EMAIL ADDRESSES ARE WORKING. I HAVE RECEIVED YOUR EMAILS AND LETTERS.
I note that on 4 August 2010 you apparently sent an email to Mr. Stephen Sommerville the Associate to the Honourable Justice Heenan and from a different email address, namely the address to which I am now sending you this email: [2010] WASC 212 and that you have chosen to publish publicly on the internet (http://nicholasnchin.blogspot.com/), this email to the Associate along with submissions in the above matter which I have not received*
http://nicholasnchin.blogspot.com/2010/07/grounds-of-appeal-in-cacv-75-of-2010.html
THIS IS CORRECT.
I reject entirely the last contention in your email to the Associate “ i) I have to be away from Perth on an emergency to be with my son Paul C K Chin in West Malaysia as my son has taken ill again as a result of the continuing intimidation of Mr. Timothy Robin Thies to ask for profit costs in CIV 1112 of 2007 which he is not entitled to by law resulting from the error of Justice Ken Martin.” I have not ever intimidated your son. CIV 1112 of 2007 was dismissed, no order as to costs. I will ask the Court to disregard any such excuses or excuses in relation to you being overseas.
YOU HAVE INTIMIDATED MY SON BY MAKING A DEMAND FOR $650.00 PROFIT COSTS FOR REMOVING YOUR UNLAWFUL CAVEAT AND FOR ALL THE TROUBLES HE HAD TO UNDERGO TO REMOVE YOUR CAVEAT WITHOUT BEING COMPENSATED FOR.
I have also today tried unsuccessfully to telephone you and fax these documents to you on 9275 7440 and 9275 5729 several times. These numbers returned recorded messages “Your call could not be connected. Please check the number and try again.”
THAT IS CORRECT.
I have not received any response from you. Please let me have the requested copy your Appellant’s Case, amended orders wanted, service certificate and any other documents filed or on which you intend to rely on.
I HAVE NO AUTHORITY TO SERVE THOSE DOCUMENTS ON YOU UNLESS THE COURT OF APPEAL ORDERS OTHERWISE IN ACCORDANCE WITH S.60 OF THE SUPREME COURT ACT, 1935 WA.
Please note hearing scheduled for 15 October 2010 at 10:30 am and my notice of respondent’s intention.
I AM AWARE OF THIS.
I will ask the Court to dismiss this appeal CACV 75 of 2010 at this hearing.
> YOU ARE NOT A PARTY TO THIS APPLICATION FOR LEAVE TO APPEAL. I HAVE INFORMED YOU ALREADY THAT THIS IS AN EX PARTE APPLICATION,
>Please urgently action my requests!
I HAVE COMPLIED WITH YOUR REQUEST REASONABLY.
>Timothy R Thies
* This seems to me improper, prejudicial and unprofessional; the matters and your comment on the internet web site published are also defamatory. Please remove these materials promptly.
NOTHING IS DEFAMATORY IF IT IS THE TRUTH. IF THE LPCC ORDERS ME TO DO, I WILL COMPLY.
- Show quoted text -

Saturday, August 7, 2010

REGISTRAR POWELL MUST NOT BE A JUDGE OF HIS OWN CAUSE AS THE TAXING MASTER OF AUDREY HALL BILL OF COSTS IN CACV 107 OF 2008

---------- Forwarded message ----------
From: Nicholas N Chin
Date: Sat, Aug 7, 2010 at 5:00 AM
Subject: TAXATION OF BILL OF COSTS IN CACV 107 OF 2008 BEFORE REGISTRAR POWELL on 1.9.2010
To: aprime@mdslaw.com.au, moza35@bigpond.com
Mr. Anthony Prime
MCCallum Donavan Sweeney
Barristers & Solicitors

I refer to the above matter and wish to state that I am currently overseas in Malaysia and shall return to Perth only by 26.9.2010. Iam giving you due notification that I am objecting to the taxation of the above matter by Registrar Powell on the above date on the ground that the issue of Registrar Powell being involved in the falsifications of the court records in CIV 1131 of 2006 is currently in CIV 1877 of 2010. This case had been adjourned sine die by Justice Heenan on 4.8.2010. As such to allow Registrar Powell to tax this matter is to allow the learned Registrar to be a judge in his own cause.

I am sending a copy of this email to Mr. Maurice Law for his attention and action whilst I am away from the jurisdiction of WA.
Yours faithfully
NICHOLAS N CHIN
Phone: 606 5529459 or Mobile: 60126269682
Email: nnchin1@gmail.com.

-----Original Message-----
From: Anthony M. Prime [mailto:aprime@mdslaw.com.au]
Sent: Tuesday, June 08, 2010 12:32 AM
To: Nicholas N Chin
Subject: RE: BILLS OF COSTS FROM MR. ANTHONY PRIME OF McCallum Donovan Sweeney in CIV 1775 of 2008

Dear Mr Chin
Thank you for your email.
I have attempted to return your call today but neither your mobile number or home number are answering.
I will refer your correspondence to my client but expect that nothing raised therein will dissuade my client from proceeding to tax the bill in this matter ( or the bill on CACV 107 of 2009 a draft of which will be forwarded to you shortly).
Once appropriate time has passed for any response from Mr Law to the draft bill of costs, I will proceed to file the same at the Court.
Regards
Anthony Prime
Director
McCallum Donovan Sweeney
Level 2
16 Irwin Street
Perth WA 6000
Australia
(E-Mail) aprime@mdslaw.com.au
(Phone) 61 8 9325 9353
(Fax) 61 8 9221 2220
(Internet) www.mdslaw.com.au
mdslaw Pty Ltd (ACN: 123 775 735) trading as McCallum Donovan Sweeney
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McCallum Donovan Sweeney uses a service to help protect its network from spam and viruses and there is a remote chance that e-mails sent to McCallum Donovan Sweeney will not be received by the intended recipient. Unless a read receipt is sent to the sender of an e-mail that sender should not assume that the e-mail has been received by the addressee.
If you are not an authorised recipient of this e-mail, please contact McCallum Donovan Sweeney immediately by return e-mail or by telephone on 61-8-9325-9353. In this case, you should not read, print, re-transmit, store or act in reliance on this e-mail or any attachments, and should destroy all copies of them. This e-mail and any attachments are confidential and may contain legally privileged information and/or copyright material of McCallum Donovan Sweeney or third parties. You should only re-transmit, distribute or commercialise the material if you are authorised to do so. Any legal privilege attaching to the contents of this e-mail or any attachments is expressly reserved and is not waived by any transmission to an unauthorised recipient. This notice should not be removed.
-----Original Message-----
From: Nicholas N Chin [mailto:nnchin09@tpg.com.au]
Sent: Sunday, 6 June 2010 4:04 AM
To: Anthony M. Prime
Subject: FW: BILLS OF COSTS FROM MR. ANTHONY PRIME OF McCallum Donovan Sweeney in CIV 1775 of 2008
Mr. Anthony Prime
McCallum Donovan Sweeney

Tuesday, August 3, 2010

RESPONSE TO JUSTICE HEENAN RE: CIV1877 OF 2010 & CIV1981 OF2010

From: nnchin@optusnet.com.au
> To: Stephen.Somerville@justice.wa.gov.au
> CC: nnchin1@gmail.com; nnchin09@tpg.com.au
> Date: Wed, 4 Aug 2010 08:10:21 +1000
> Subject: Re: CIV 1877 and 1981 of 2010
Dear Mr. Somerville:)
> Thank you for your email below and I would like to respond to it as follows:
> a) Please bring this email to the attention of His Honour Justice E.M. Heenan that I humbly request for His Honour to refrain or to desist from making a determination of the two cases of CIV 1877 of 2010 and CIV 1981 of 2010.
> b) The reasons for my request is that His Honour is apprehended by me not be capable of delivering me fair justice on account of his apprehended bias; he he had dismissed my case of CIV 1019 of 2010 upon the illogicality of what he had perceived to be an obsession on my part, which he inexplicably refused to substantiate.
> c) This is coupled with his unwillingness as a judicial officer to unravel the mystery of my case which he with due diligence should be able to understand. His perceived unfairness to me had resulted in a deep shock and trauma for me, from which I am trying to recover through my appeal process in CACV 41 of 2010.
> d) My case with the regulator of the legal profession hinges only on three simple issues which I referred to metaphorically as the Gordian Knot, which the courts have been unwilling to make a legal determination of: the Pseudo Board, the zero sum value fraudulent claim by Mr. Thies in CIV 1903 of 2008 and the technical slip of the Court of Appeal in CACV 107 of 2008 at paragraph 54 and 55.
> e) If the Gordian Knot is solved, there would be no longer be any dispute between the regulator and myself and my independent legal practice would be restored.
> f) The Civ 1877 of 2010 is about the technical slip of the Court of Appeal in CACV 107 of 2008 which can be rectified without an appeal process by resorting to s.33 of the Supreme Court Act, 1935 of WA.
> g) the CIV 1981 of 2010 case is about apprehended bias of His Honour Justice Kenneth Martin in determining the second stage of the s.36 Magistrates Court Act, 2004 initially launched by me through the first judge Justice Hasluck which has now gone astray through the second judge Justice Ken Martin in CIV1903 of 2008 who had refused to adopt the normal approach of the common law.
> h) I do not object to His Honour Justice EM Heenan to further deal with these two cases but only if His Honour is aware of the consequences of his proneness to error if he is not alerted to them. I therefore suggest that His Honour Google my name NICHOLASNCHIN to investigate the gist of the information available at my blogspot in order to enable his Honour to make a just determination of these matters before him.
> i) I have to be away from Perth on an emergency to be with my son Paul C K Chin in West Malaysia as my son has taken ill again as a result of the continuing intimidation of Mr. Timothy Robin Thies to ask for profit costs in CIV 1112 of 2007 which he is not entitled to by law resulting from the error of Justice Ken Martin.
> Thank you.
> NICHOLAS N CHIN
> Phone: +6065529459
> Mobile:+60126269682
>
Stephen.Somerville@justice.wa.gov.au wrote:
> > Dear Mr Chin
> > I advise that the above matters have been re-listed to commence at not
> > before 12pm tomorrow before the Hon Justice EM Heenan.
> > Could you please confirm receipt of my email with a return email.
> > Kind regards
> > Stephen Somerville
> > Associate to the Hon Justice EM Heenan
> > Supreme Court of Western Australia Phone: (08) 9421 5120
> > Fax: (08) 9421 5167
> > E-mail: Stephen.Somerville@justice.wa.gov.a