Sunday, January 20, 2013

NOTICE TO MAURICE TO CEASE AND DESIST FROM MAKING UNLAWFUL DEMANDS AGAINST ME


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

MAURICE LAW
BOX 399, MIDLAND 6936 WA

Dear Sir

YOUR UNLAWFUL INTIMIDATION FOR A NON-DEBT
I refer to the above matter and regret to state that I have received your harassing and intimidating letters of demand from you, the last of which is dated 13.1.2013 requesting me to pay you a Non-Debt of $20,087.00 (the Non-Debt).  I deny any liability for the Non-Debt and would like to offer you the following rationale:  
1)       The various courts orders which cited you as the Joint Appellant with me are NULL and VOID costs orders for which I have made known my intention to the various parties concerned including you that I do not intend to honour them and for which I have appealed against.  It does not matter to me if the various courts were to continue to ignore the law for no one is above the law and it is our duty to make sure that we do receive justice in accordance with the law (the Null Costs Orders). 
2)       The reason for the Null Costs Orders is that the various judges avoided the issues that are before them and consequently the Statement of Reason in the various judgments did not sufficiently address them (the Deficient Statement of Reasons).
3)       The Issues for the Deficient Statements of Reasons are:
3.1.    That your body corporate Spunter Pty Ltd never had caveatable interests founded upon proprietary interests over the Mt. Lawley and the Hazelmere Properties of the late Ms. Nancy Hall during her lifetime (the Spunter Pty Ltd Non-Caveatable Interests). . 
3.2.    That your body corporate Spunter Pty Ltd did have caveatable interests founded upon proprietary interests over the Mt. Lawley Properties and the Hazelmere Properties of the late Ms. Nancy Hall after her death because she left you an informal will (the Posthumous Spunter Pty Ltd Caveatable Interests).
3.3.    That your former lawyer Mr. David Taylor misled the various courts in CIV 1142 of 2005 and CIV 1131 of 2006 with regard to Spunter Pty Ltd Non-Caveatable Interests and thereby caused me detriment, despite Justice Chaney unwillingness to see the truth  (the Professional Misconduct of Mr. David Taylor).
3.4.    The Non-Debt does not involve the Spunter Pty Ltd Non-Caveatable Interests and the Professional Misconduct of David Taylor but IT DOES INVOLVE the Posthumous Spunter Pty Ltd Caveatable Interests (the NON-DEBT ISSUE).
3.5.    I am not liable for the NON-DEBT because the NON-DEBT ISSUE is not common between us in our Joint Appeal: I was pursuing the Issues of the Professional Misconduct of Mr. David Taylor and the Spunter Pty Ltd Non-Caveatable Interests.  On the other hand you are or were pursuing the Posthumous Pty Ltd Caveatable Interests (the Non-Common Issues of the Joint Appellants).  
3.6.    I have given you and Mr Christopher Stokes as solicitor for Mrs. Gannaway DUE NOTICE about the Non-Common Issues of the Joint Appellants and both of you have chosen to ignore it at your own peril.  The remedy you have is against Mr. Chris Stokes and the LPCC.  I am absolved form all responsibility (My Non-Liability).
In view of the above, I now give you NOTICE that you do CEASE AND DESIST from harassing me and intimidating me by making frivolous demands of me of the NON-DEBT affecting the NON-DEBT Issue and my Non-Liability, FAILING WHICH I shall have to commence criminal and or civil proceedings against you for same without further Notice.  Your comment that I am hiding behind my “wife’s skirt” can be defamatory if you were to expose me to public contempt or odium and if you were unable to prove its truth in the due process. You may use this letter to right the injustice that was caused to you as it was your body corporate that would be ultimately liable for the Null and Void Costs Orders and not you, in the event   Spunter were to be found liable at all.  You should seek legal advice.  
 Yours faithfully NICHOLAS N 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

3 comments:

  1. This letter was posted by me to Maurice Law on 20.1.2013 at 7.00 pm.

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  2. I have since appealed the matter and I believed Maurice Law had also appealed his case. The various courts has a duty to do equal justice and to help litigant in persons like Mr. Law to right the injustice that is being meted upon him. Justice is a slow process and it takes a long time before the real truth comes out in the open for public scrutiny. No one can escape the rigours of the law.

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  3. 1)The Corporate Body of Maurice Law Spunter Pty Ltd did have a caveatable interests over the Hazelmere and Mt Lawley Properties of the late Ms. Nancy Hall of which Mrs. Gannaway is her lawful issue and who has a claim over Nancy Hall's residuary estate only after Nancy debts have been paid.
    2. I Nicholas N Chin do have a caveatable interests based on proprietary interests over the Mt Lawley and Hazelmere Properties of the estate of the late Nancy Hall because His Honour Justice Pullin had already made the order that I be paid my solicitor's lien of Nancy Hall Estate in proceedings relating to CACV 107 of 2008. My solicitor's lien is for my solicitor's work done for the estate of Nancy and my continuing work done for that estate under conditions of emergency until this matter is finally resolved.
    3) I challenged anyone who controverts me on my claim as the former solicitor on the estate of Nancy Hall in my capacity as the s.244 LPA 2003 salvour of that estate.

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