Thursday, September 30, 2010

APPLICATION FOR A COURT OF APPEAL JUDGE TO HEAR THE JUDICIAL REVIEW FOR PREROGATIVE ORDERS IN CIV 1981 OF 2010 AND CIV 1877 OF 2010


IN THE SUPREME COURT                          CIV 1877 OF 2010 & CIV 1981 OF 2010
OF WESTERN AUSTRALIA. AT PERTH
 MATTER:  The judgment of EM Heenan J in RE JUSTICE KENNETH MARTIN; EX PARTE CHIN [2010] WASC 212 affecting the following:
 FILE NO. CIV 1877 OF 2010:
The wrongful removal of the Applicant’s Caveats in the Hazelmere and Mt. Lawley Properties of the late Ms. Nancy Cloonan Hall by Master Sanderson in Civ 1775 of 2008;
 And
 The falsification of the court records in Civ 1131 of 2006 by David Taylor Solicitor.
 And
 The judgment of the Court of Appeal of the Supreme Court of Western Australia in CACV 107 of 2008, particularly at paras. 54 and 55 relying on the letter of Registrar Powell dated 11.6.2009.
 And
 The rationale of the High Court in Special Leave Dispositions of the High Court of Australia in P1 of 2010 of 2010 providing the legal basis for the causal connection between the Applicant’s Solicitor’s Work in CIV 1142 of 2006 and the removal of the caveats of  Spunter Pty Ltd in order to enable the Applicant to establish a statutory first charge over the salvaged properties under s. 224 of the former Legal Practice Act, 2003.

FILE NO. CIV 1981 OF 2010:
The Apprehended bias of the Learned Justice Kenneth Martin and his jurisdictional errors in dealing with Civ 1903 OF 2008 and CIV 1112 of 2007 through his refusal to take into account relevant matters and in taking into account irrelevant matters; just as though his Honour was reasonably seen to be descending into the area of conflict by taking sides with the opposite party and was thus blinded by the dust of conflict; he consequently denied the Applicant his natural justice.

EX PARTE
NICHOLAS NI KOK CHIN


NOTICE OF MOTION


Date: 30th September, 2010.
Filed: 30th September, 2010.
Filed by: NICHOLAS NI KOK CHIN – SOLICITOR LITIGANT IN PERSON
387, ALEXANDER DRIVE,
DIANELLA WA 6059
Phone: 08 92757440; Mobile: 0421642735


TAKE notice that  the Court  will be moved on the          day of         
                       2010       at                       o’clock in the                       noon, or so soon thereafter as counsel can be heard, by counsel for the abovenamed Ex-parte Applicant, for the following orders:
A) A judge of the Court of Appeal of the Supreme Court of Western Australia do hear these Applications for judicial review in CIV 1877 of 2010 and CIV 1981 of 2010 on the ground that such review by way of prerogative remedies do not lie against a State Supreme Court or against a judge of the State Supreme Court by another judge of the same court, namely Justice EM Heenan.
B) These Applications for judicial review are the integral parts of the two pending Appeal cases in CACV 41 of 2010 and CACV 75 of 2010 (the Appeal cases); the independent outcomes of the former by way of prerogative remedies shall be consolidated into the latter, particularly CACV 41 of 2010, so as to achieve a just settlement of the non-res judicata three issues currently impeding the independent legal practice of the Applicant (the three issues).
C) The three issues are:
i) The existence of the pseudo board of the regulator of the legal profession.
ii) The falsification of the court records by solicitor David Taylor in CIV 1131 of 2006.
iii) The false claim of a zero sum debt by solicitor Timothy Robin Thies in CIV 1903 of 2008. 
D) The filing of this Motion by the Applicant operate as a stay of the costs Order of the Court of Appeal in CACV 107 of 2008.
E) Costs be in the cause.
(Signed)
Of the Applicant as a Solicitor litigant in person

                                                      .



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