SUBMISSION BY NICHOLAS NI KOK CHIN
As to whether he has a need to obtain leave of court of the Perth Magistrates Court in PER/CIV/GCLM: 10010/2021: Chin v Nguyen on the basis that the Murray J order is made per incuriam as the gazetted order is not intended by His Honour.
Vexatious Proceedings Restriction Act 2002 – Section 6
6. Leave to institute proceedings
(1) An application for leave to institute proceedings, or proceedings of a particular class (in this section called the proceedings), that is required by an order under section 4(1)(d) is to be made —
- (a) in the case of proceedings in the Supreme Court, to the Supreme Court or a judge; or
- (b) in the case of proceedings in the District Court, to the District Court or a District Court judge; or
- (c) in the case of proceedings before any other court, to the court;
(IF REQUIRED, APPLICATION FOR LEAVE SHOULD BE MADE TO THE PERTH MAGISTRATES COURTS IN MC/PER/CIV/GCLM 10010/2021).
[(d) deleted]
(e) in the case of proceedings before a tribunal, to the tribunal, and is to be accompanied by an affidavit in support of the application.
(2) The court or tribunal to which the application for leave is made may dismiss the application even if the applicant does not appear at a hearing of the application.
(APPLICANT NICHOLAS N CHIN SHALL APPEAR AT THE PERTH MAGISTRATES COURT ROOM 92 AT 10.30 AM ON 4.2.2022 AS PER THE NOTICE DATED 5.1.2022)
(3) The affidavit accompanying the application for leave is to list all the occasions on which the applicant has made an application for leave under subsection (1) and to disclose all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.
(THE APPLICANT HAS NO RECORDS OF EVER HAVING MADE AN APPLICATION FOR LEAVE ON PREVIOUS OCCASIONS AND CANNOT REMEMBER ANY).
(4) Neither the application nor the affidavit are to be served on any other person unless the court or tribunal orders under subsection (6) that they are to be served on another person.
(THE APPLICATION SHALL NOT BE SERVED ON DEFENDANTS, IF THE APPLICANT IS SO ORDERED BY THE PERTH MAGISTRATES COURT AND IS REQUIRED TO MAKE THE APPLICATION FOR LEAVE).
(5) The court or tribunal is to dismiss the application for leave if it considers that —
(IS THE HEARING SCHEDULED FOR 4.2.2022 AT 10.30 AM IN COURT ROOM 92 GOING TO BE A HEARING FOR LEAVE UNDER S.6(1) AND S.4(1)(D) OF THE VEXATIOUS PROCEEDINGS RESTRICTIONS ACT: IF YES, THEN I DO NOT NEED TO MAKE A FRESH APPLICATION. IF NO, I WOULD
