MAGISTRATE SHARRATT TRANSCRIPT OF PROCEEDINGS IN VRO: 585 OF 2018

See the Link: https://www.dropbox.com/s/wy4xzn97hfl6uto/SHARRATT-RO585-2018-TRANSCRIPT.pdf?dl=0 SHARRATT-RO585-2018-TRANSCRIPT.pdf Modified today at 10:56 am Share Download 1 2 3 4 5 6 7 8 9 10/7/18 1 Copyright in this document is reserved to the State of Western Australia. Reproduction of this document (or part thereof, in any format) except with the prior written consent of th e Attorney General is prohibited. Please note that under section 43 o f the Copyright Act 1968 copyright is not infringed by anything reprodu ced for the purposes of a judicial proceeding or of a report of a judicial proceeding. THE MAGISTRATES COURT OF WESTERN AUSTRALIA (RESTRAINING ORDERS) MI RO 585 of 2018 NICHOLAS NI KOK CHIN and IAN ROBERT JACK MAGISTRATE S. SHARRATT TRANSCRIPT OF PROCEEDINGS AT MIDLAND ON TUESDAY, 10 JULY 2018, AT 9.38 AM MR N.N.K. CHIN appeared in person. MR W. VOGT appeared for the respondent. MICK MC/CIVIL/MI/RO 585/2018 10/7/18 2 9.38 JSO: Next is file 585 of ’18, Chin v Jack. Nicholas Chin, Ian Jack. HIS HONOUR: No? JSO: No appearance. HIS HONOUR: No appearance of Mr Chin. Has he signed in? No? JSO: No, sir. ....., MS : (indistinct) HIS HONOUR: That was for the other bloke. ....., MS: No (indistinct) HIS HONOUR: No. No. That’s against Chin. That’s Chin the – he has handed up a case where Chin was declar ed to be a vexatious litigant. So I don’t think his own law yer would do that, but give me a look. There’s a lette r with it, isn’t there? ....., MS: There’s just an email. HIS HONOUR: Here (indistinct) I have here a (indistinct) it’s listed for mention at 10. We better wait till 10. I will stand down. All right? There’s no point doin g that (indistinct) trial. JSO: Well, I just found out she’s here, sir. HIS HONOUR: She is? JSO: Apparently. I was just going to inquire with th e prosecutor about it. HIS HONOUR: I won’t act on Chin, especially if their notice is 10. It shouldn’t, but sometimes they do, don’t they? ....., MS: Yes. HIS HONOUR: So I don’t want to go without – specially when there’s a lawyer on foot, and Mr Chin is, as a vexatious litigant, unlikely to fail to appear. Ye s. All right. So we will wait till 10, I think, for that, and if there’s anything that we can conclude, give us a be ll. I won’t be far away. MICK MC/CIVIL/MI/RO 585/2018 10/7/18 3 9.38 VOGT, MR JSO: Yes, sir. (Short adjournment) HIS HONOUR: And is there any other of the mention-only matters ready to proceed? JSO: They’ve just arrived, sir. HIS HONOUR: Okay. All right. I will stand down for a while. JSO: I can get them now, sir, if you’re minded. HIS HONOUR: Can you? JSO: Yes. HIS HONOUR: All right. Get them in. Yes. Is that Chin v Jack? JSO: That’s the one I was referring to. HIS HONOUR: Thank you. Yes. Have a yarn with (indistinct) outside. Thank you. JSO: It’s file 585, sir, of ’18, Chin v Jack. HIS HONOUR: Yes. So you’re Nicholas Ni Kok Chin. CHIN, MR: Yes, sir. HIS HONOUR: And you represent Mr Jack. VOGT, MR: Yes. If it pleases the court, Mr Vogt. HIS HONOUR: Vogt. Thank you, Mr Vogt. Look, we got an email from you this morning with cases attached. I t took a while to print out, and I haven’t really read eithe r of them yet. VOGT, MR: No. Your Honour, I will take you through the application that the respondent makes at this stage of the proceeding. The - - - HIS HONOUR: Are you saying he’s still under that order of Murray J from the – 2012? VOGT, MR: I have a copy of the decision. MICK MC/CIVIL/MI/RO 585/2018 10/7/18 4 9.38 VOGT, MR HIS HONOUR: I’ve got a copy of the decision. It would appear that, on this file, there’s no application f or leave. VOGT, MR: Correct. Well, firstly, I need to establish whether or not, on this file, there was an applicat ion to this court for leave to institute the - - - HIS HONOUR: There isn’t. VOGT, MR: The very proceeding. Then the submission that I make is that, in contempt of the order by the Sup reme Court, the applicant in this application has lodged this application. In fact, there was a prior applicatio n - - - HIS HONOUR: There was? VOGT, MR: - - - for a restraining order. HIS HONOUR: No one even noticed. There’s no flag on the computers. VOGT, MR: Perhaps there ought to be, but, in respect - - - HIS HONOUR: Perhaps there ought to be. I don’t know. VOGT, MR: - - - of the first application, that was brought in contempt of the Supreme Court order of 2 012 - - - HIS HONOUR: I think you’re right. VOGT, MR: - - - and, in the circumstances, this application must be dismissed. HIS HONOUR: I agree. VOGT, MR: If, on that basis - - - HIS HONOUR: We will (indistinct) we will let Mr - - - VOGT, MR: When one reads the application - - - HIS HONOUR: Mr Chin have his say, but yes. VOGT, MR: On the application itself, it demonstrates the misconceived bases upon which the application is br ought, which I need to establish in order to make a later application on behalf of my client, but that applic ation by Mr Chin before this court is stated to be: / 12 CommentsActivity Write a comment Post a comment to start a discussion. @Mention someone to notify them. You added this file 47 mins ago