JOINT SUBMISSION OF MR. CHIN AND MR. LAW FOR SUSPENSION ORDER OF JUSTICE SIMMONDS COSTS ORDER IN CIV 2157 OF 2011

IN THE SUPREME COURT OF WESTERN AUSTRALIA    CIV 2157 OF 2011

In the matter of Part 3, Division 3 of the Civil Judgments Enforcement Act, 2004 and Form 9 Application for Suspension Order

Judgment Creditor:       MICHELE-MAREE GANNAWAY AS ADMINISTRATOR OF THE ESTATE OF NANCY CLOONAN HALL

EX-PARTE: Judgment Debtors:

1. NICHOLAS NI KOK CHIN
2. SPUNTER PTY LTD with MAURICE LAW as its legal Representative.

Prepared by:

Nicholas Ni Kok Chin                                                  Phone & Fax: 08 92757440

387, Alexander Drive, DIANELLA                              Mobile: 0421642735

WA 6059                                                                     Email: nnchin1@gmail.com;

                                                                                    nnchin@msn.com

Maurice Frederick Law                                                Phone: 08 92961555

PO Box 399, MIDLAND WA 6936                            Mobile: 0402002797

87, William Street, HERNE HILL WA 6056.  Email: moza35@bigpond.com

Date of Document:                                                        13.6.2012.

Date of Filing:                                                               13.6.2012

WRITTEN SUBMISSION OF BOTH JUDGMENTS DEBTORS IN THEIR JOINT APPLICATION FOR SUSPENSION ORDER IN FORM 9 PURSUANT TO S. 15(2) OF THE CIVIL JUDGMENTS ENFORCEMENT ACT, 2004 (WA).

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YOUR HONOUR:

The First Applicant humbly submits that he has been declared a vexatious litigant by His Honour Justice Murray in CIV 1689 of 2011 on 10.1.2012 and he therefore seeks leave to make this Application under s.6 of the Vexatious Proceedings Act, 2004 WA on the ground that there is nothing frivolous and vexatious in these proceedings.

The First and Second Applicants humbly submits the following:

1)         Spunter Pty Ltd (NOT Maurice Law) DID NOT have a caveatable interests or an equitable lien cum a proprietary interests on the Hazelmere and Mt. Lawley Properties of Nancy Cloonan Hall at the time when Mr. Chin was the solicitor for Nancy Hall in CIV1142 of 2005 No.1 (SPUNTER HAD NO CAVEATABLE INTERESTS TO COMPLY WITH JENKIN'S J ORDER). 

2)         Spunter Pty Ltd's then solicitor as was appointed by Maurice Law was Mr. David Taylor. He was required by Justice Jenkins in CIV 1142 of 2005 No.1 to issue Writ of Summons in CIV1131 of 2006 by the 10.2.2006, which he did not do because SPUNTER HAD NO CAVEATABLE INTERESTS TO COMPLY WITH JENKIN'S J ORDER (THE UNDISPUTED FACT).

3)         The Court through Registrar Powell's (with due respect) corrupt act falsified the court records that Mr. Taylor DID COMPLY with Justice Jenkins Order, when that Writ was never issued on 10.2.2006, or at a later date as claimed by Registrar Powell on 16.2.2006 OR AS LATE AS 19.5.2009, SOME THREE YEARS LATER simply because the necessary court fees for it was never paid. ALL THE COURT MACHINERY INCLUDING JUSTICE CHANEY (with due respect) in VR158 of 2011, as explained in CIV 1397 OF 2012, IS COVERING UP THE UNDISPUTED FACT (THE COVER-UP). 

4)         The Court of Appeal in CACV 107 of 2008 expounded the correct law with regard to the falsifications of the court records but gave a reverse outcome that did not comply with the law. That appeal case decision is the result of both Mr. Law and Mr. Chin appealing the decision of Master Sanderson in CIV 1775 of 2008 (UNLAWFUL COSTS ORDER OF JUSTICE OWEN (with due respect). 

5)         Master Sanderson in CIV 1775 of 2008 (with due respect) ignored the Falsifications of the Court Records in CIV 1131 of 2006 by Mr. Taylor and gave judgement against the both Mr. Law and Mr. Chin OR MASTER SANDERSON WAS INVOLVED IN THE COVER UP OF THE UNDISPUTED FACT. THIS RESULTED IN THE UNLAWFUL COSTS ORDER AGAINST MR. LAW AND MR. CHIN (THE UNLAWFUL COSTS ORDERS OF MASTER SANDERSON). 

6)         The errors of the court OF MASTER SANDERSON caused Nancy to lose her Properties and she died on 13.1.2008 grieving and penniless. MR. CHIN CONTINUED THE FIGHT FOR NANCY'S ESTATE IN CACV 107 OF 2008 BEFORE THE COURT OF APPEAL AND JUSTICE OWEN amongst the two other judges RECOGNISED THE NEW EVIDENCE REGARDING THE UNDISPUTED FACT, YET HIS HONOUR DID NOT REVERSE THE OUTCOME OF MASTER SANDERSON'S DECISION IN ACCORDANCE WITH THE LAW THAT HE EXPOUNDED by him (THE ILLOGICAL CONCLUSION OF OWEN JA).

7)         Nancy Hall promised Mr. Chin his just emolument as the s.244 Legal Practice Act, 2004 WA statutory Salvour of her Hazelmere and Mt. Lawley Properties. In the aftermath of Nancy's death, Mr. Chin is still acting as the Statutory Salvour for Nancy Hall and all associated costs are to be borne by Nancy's Estate (Mr. CHIN NOT LIABLE FOR COSTS AS SALVOUR). 

8)         When the falsifications of the court records in CIV 1131 of 2006 is FINALLY SOLVED (and this will happen when the judiciary system is IMPARTIAL, INDEPENDENT AND HAS INTEGRITY), Mr. Chin shall be able to regain his Salvour Status and be paid his just emoluments for his legal work performed for Nancy Hall and such is to be recovered from Nancy Hall’s estate.

9)         Meanwhile, the UNCOVERING OF THE FRAUD OF THE ESTATE OF NANCY HALL IN THE AFTERMATH OF HER DEATH BY THE ADMINISTRATOR OF THAT ESTATE MRS. GANNAWAY THROUGH HER SOLICITOR MR. CHRIS STOKES FROM MRS. AUDREY HALL IN CIV 2073 OF 2003 HAD CAUSED NANCY'S ESTATE TO BE RETURNED TO ITS ORIGINAL OWNER I.E. THE ADMINISTRATOR (THE RETURN OF NANCY'S ESTATE). 

10)       THE RETURN OF NANCY'S ESTATE TO ITS ADMINISTRATOR MRS.GANNAWAY IS THE REASON FOR THE COURT TO GRANT THE LEGITIMATE CREDITORS OF NANCY'S ESTATE NAMELY MR. CHIN AND MR. LAW THEIR JUST ENTITLEMENTS FROM THAT ESTATE. 

11.       Mr. Chin has his duty of candour to the Court and believes that Spunter Pty Ltd did have a Caveatable Interests in the aftermath of the death of Nancy Hall because Nancy did promise Spunter Pty Ltd or Maurice Law in writing in their original loan agreement in 2000 that Spunter would have a proprietary interests cum equitable interests for the Mt. Lawley and the Hazelmere Properties after her death if the debt in the default judgement in DC CIV 2509 of 2002 obtained by Spunter in DC CIV 2509 OF 2002 was not paid by then (SPUNTER'S CAVEATABLE INTERESTS IN CIV 2157 OF 2011).

12)       Therefore the costs order of Justice Simmonds in CIV 2157 of 2011 against both Mr. Chin and Mr. Law is misconceived because:

(a)        at all material times, MAURICE LAW since the inception of these proceedings, has never been the party to the litigation but his company Spunter Pty Ltd is. Therefore Spunter only is liable for any adverse costs orders against Maurice Law.

(b)        MR. CHIN had been acting for the late Ms. Nancy Hall as the Solicitor Salvour for the Estate of Nancy Hall. His work continues as long as the dispute regarding the Falsification of Court Records in CIV1131 of 2006 or the UNDISPUTED FACT is not solved by the Courts. His Solicitors Costs will keep running... as a result. 

13.              Similarly, the costs order against both Mr. Chin and Mr. Law in Master Sanderson Order is also misconceived for the same reason.

14.              Similarly, the costs order against Mr. Chin alone in CACV 107 of 2008 is also misconceived.

Signed by the First Applicant: ………………………………………………….

                                                            (NICHOLAS N CHIN)

Signed by the Second Applicant: ……………………………………………….

                                                            (MAURICE FREDERICK LAW)

13^th JUNE, 2012.