LETTER TO REGISTRAR WHITBY FOR THE TAXATION OF THE COSTS ORDERS OF CIV2157 OF 2011 AND CIV 1275 OF 2012.

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

Our Ref: CIV2157 OF 2012 & CIV1275 OF 2012.     

Wednesday, September 12, 2012

Registrar Whitby

Ms Natalie Michelle Whitby
Associate - tel (08) 9421 5350
E-mail - associate.registrar.whitby@justice.wa.gov.au

Attention: MICHELLE – SENT BY FAX ON 12.9.2012 AT 1.00 PM.

Dear Sir

OUTSTANDING COSTS ORDERS:

CIV 2157 OF 2011: GANNAWAY V MAURICE LAW & OTHERS

CIV 1275 OF 2012: CHIN & ANOR V GANNAWAY & ANOR

I refer to the taxation of the bills of costs in the above matter that is scheduled for hearing on 13.9.2012 at 10.00 am in Court Room 5 at the Supreme Court Building in Barrack Street, Perth.

I apologize for being unable to attend as I am unwell.   However, I shall make myself available for any telephone conference at my home number: 08 92757440 or my mobile: 0421642735.

I object to the taxation of those NULL and VOID costs orders because I am the Salvour of the Mt. Lawley and Hazelmere Properties which comprises part of the estate of Nancy Hall now in the hands of Mrs. Gannaway as its administrator.  The administrator or the estate should be liable for those costs orders, in the following terms:  

1)         Both judges, namely the President McLure of the Court of Appeal in the Supreme Court of Western Australia in CACV 107 of 2008 or CHIN -v- HALL [2009] WASCA 216 at paragraph 1 and Buss JA at paragraph 67 reserve the issue of my Salvour’s position when their Honours respectively said:

1.             “However, I wish to reserve my position on the question whether, even if the caveat was not in fact extended, the properties were relevantly recovered or preserved by the proceedings in which the appellant acted for the purposes of the Legal Practice Act 2003 (WA), s 244(1).”

67.          “It is unnecessary to decide in this appeal whether work performed by a legal practitioner (including the prosecution of legal proceedings), which results in the removal of a caveat lodged in respect of land owned by the practitioner's client, constitutes work for or involving the 'recovery' or 'preservation' of the land. I assume, for the purposes of this appeal, that work of that kind may constitute work for or involving the 'recovery' or 'preservation' of the land in question.”

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

2)    The evidence secured by Maurice Law before His Honour the President of SATWA (that David Taylor defrauded the Supreme Court of WA in CIV1131 of 2006 of Jenkins J by falsifying the court records that the court fees for the initiating process was never paid on 10.2.206 and therefore that action was never commenced on that date, thus enabling Nancy Hall to remove Spunter Pty Ltd’s Caveat through me as the Salvour) simply disappeared into thin air, whilst it was in the hands of SAT in the case of LAW and LEGAL PROFESSION COMPLAINTS COMMITTEE [2012] WASAT 36 on 24.2.2012.

3)    Further, the fact that all the proceedings including the subject cases which precipitated the unlawful and void costs orders and which are never enforceable in any court of law are based on an error of law that must be removed from the court records (the Error of Law).

4)    The Error of Law relates to the promulgated and entrenched principle of law that Spunter Pty Ltd in CIV 1131 of 2006 never had a proprietary interests in the Mt. Lawley and the Hazelmere Properties of Nancy Hall to found a caveatable interests (proprietary interests is a sine-qua-non for caveatable interests), thus again making me, the undisputed Salvour of that part of Nancy Hall’s estate (Spunter’s lack of proprietary interests vindicates my position as Salvour).

5)    I am never jointly nor severally liable for the unlawful and void costs of the above subject matters because at all materials times, my cause of action is as salvour of Nancy Hall estate and is diametrically opposite to the cause of action of Maurice Law whose cause of action is as creditor of the estate of Nancy Hall emanating from the default judgment of DCJ Groves in DCA 2509 of 2002 dated 10.10.2002 (Maurice Law not jointly liable with Salvour for the unlawful costs orders).   

 

Although your jurisdiction as the taxation is to tax those bills, but you have the discretion not to tax them as they are never going to be enforceable in any courts of law, anyway.

Yours faithfully

NICHOLAS NI KOK CHIN

c.c. to:

Mr. Christopher Stokes

Fax: 08 9421 1399 SENT BY FAX AT 1.00 PM ON 12.9.2012.

Mr. Maurice Law  SENT BY EMAIL ON 12.9.2012 AT 1.00 PM.

Email: moza35@bigpond.com.