Tuesday, September 1, 2026

Request for Administrative Reallocation of VPRA s 6(1) Application



14 comments:

  1. Nicholas N CHIN
    Sep 1, 2026, 5:27 PM (15 hours ago)
    to Associate, Associate, Associate, SC, Associate, Associate, associate.registrar.whitbread, associate.registrar.gilich, associate.registrar.allison, associate.registrar.millman, associate.registrar.eaton, Associate



    To: The Principal Registrar All Registrars of the Supreme Court of Western Australia The Honourable the Chief Justice of Western Australia
    From: Nicholas Ni Kok Chin Perth, Western Australia

    Subject: Misapprehension of Judicial Function Under VPRA s 6(1) and s 6(5) — Request for Administrative and Judicial Clarification

    1. Purpose of This Letter
    This letter accompanies my memorandum dated 1 September 2026. Its purpose is to respectfully identify a misapprehension of judicial function that has arisen in the series of VPRA decisions delivered by Justice Gething in:

    Nicholas Ni Kok Chin [2026] WASC 40

    Nicholas Ni Kok Chin [2026] WASC 90

    Nicholas Ni Kok Chin [2026] WASC 157

    Nicholas Ni Kok Chin [2026] WASC 369

    The issue is not personal. It is structural and concerns the correct application of the VPRA and the proper scope of judicial duty under s 6(1) and s 6(5).

    2. The Misapprehension of Role Under VPRA s 6(1)
    In WASC 369, Justice Gething stated:

    “The appropriate forum for determination of that issue is by way of an appeal to the Court of Appeal, not a request for me to reconsider the issue.”

    This statement reveals a fundamental misapprehension of the judge’s statutory role.

    Under VPRA s 6(1):

    Each application for leave is a fresh and independent judicial determination.

    The judge must assess prima facie grounds on the material filed in that application.

    The judge is not functus officio on any legal issue previously considered.

    The judge cannot decline to reconsider a legal question merely because he previously ruled on it.

    The VPRA does not create a doctrine of “issue finality” within the leave jurisdiction.

    3. Misapplication of VPRA s 6(5)
    Justice Gething repeatedly applied a merits‑based test, not the statutory prima facie test.

    The judgment states:

    “They do not raise any argument … which has not already been considered and rejected by me.”

    This is not the test under s 6(5).

    The correct test is:

    Whether the proposed proceeding discloses a prima facie ground,

    Not whether the judge personally agrees with the legal argument,

    And not whether the argument was previously rejected in a different VPRA application.

    By treating earlier decisions as binding on subsequent applications, the judge has:

    Collapsed the prima facie test into a merits test,

    Foreclosed reconsideration of statutory construction,

    Converted VPRA leave into a de facto permanent bar, contrary to Parliament’s intention.

    4. Failure to Consider Mandatory Relevant Matters
    In WASC 369, the judgment does not address:

    Transfer of Land Act ss 201 and 205 compensation rights,

    The statutory preservation of pre‑existing quasi‑easements under s 52 PLA,

    The administrative consequences for the Registrar of Titles.

    These matters were squarely raised in the originating motion and affidavit.

    A failure to consider mandatory relevant considerations is a jurisdictional error, not a discretionary one.




    ReplyDelete
  2. ANNEXURE A — MEMORANDUM TO
    THE CHIEF JUSTICE OF WESTERN
    AUSTRALIA
    Re: Mandatory Judicial Re‐Determination of the Construction of s.52 Property Law Act
    1969 (WA)
    To: The Honourable the Chief Justice of Western Australia
    From: Nicholas Ni Kok Chin Perth, Western Australia
    Subject: Request for Judicial Re‐Determination of the Proper Construction of s.52 Property
    Law Act 1969 (WA) — VPRA Contains No Appeal Mechanism
    1. Purpose of this Memorandum
    This memorandum accompanies my cover letter addressed to all Registrars of the Supreme
    Court of Western Australia. Its purpose is to bring to your attention a systemic legal issue
    arising from the interpretation of Section 52 Property Law Act 1969 (WA) (“s.52 PLA”)
    adopted in Nicholas Ni Kok Chin [2026] WASC 90 and [2026] WASC 369.
    The issue cannot be corrected through an appeal to the Court of Appeal because the
    Vexatious Proceedings Restriction Act 2002 (WA) (“VPRA”) provides no statutory right
    of appeal from a refusal of leave under s.6(1). Accordingly, the matter requires
    determination by another judge of the Supreme Court to prevent the entrenchment of a
    doctrinal error with ongoing administrative consequences.
    2. No Appeal Lies to the Court of Appeal Under the
    VPRA
    The VPRA establishes a closed statutory regime governing applications for leave to
    commence proceedings. The Act:
    ● confers jurisdiction on a judge of the Supreme Court under s.6(1);
    ● requires the judge to determine whether a prima facie ground exists under s.6(5);
    ● does not provide any right of appeal from a refusal of leave;
    ● does not incorporate the appeal provisions of the Supreme Court Act 1935 (WA);
    ● does not permit a challenge to the refusal through ordinary appellate channels.
    Therefore:

    The erroneous construction of s.52 PLA adopted in WASC 90 and WASC
    369 cannot be corrected by the Court of Appeal.
    This creates a structural problem: a legal error of general importance has been made, but
    the statutory framework prevents appellate correction.
    3. The Error Is Systemic and Affects the Court’s
    Administrative Arm
    The construction adopted by Justice Gething — namely, that:
    “s 52 does not create a statutory implied easement”
    is contrary to the historical doctrine codified by Parliament, including:
    ● Pyer v Carter (1857)
    ● Wheeldon v Burrows (1879)
    ● Pwllbach Colliery (1915)
    ● Wong v Beaumont (1965)
    and contrary to the statutory purpose of s.52 PLA.
    This error:
    ● affects all future VPRA applications involving s.52 PLA;
    ● affects the administrative practice of the Registrar of Titles;
    ● affects the integrity of the land register;
    ● affects the rights of landowners whose pre‐existing uses were preserved by statute;
    ● risks perpetuating a misunderstanding of s.52 PLA across the Court’s administrative
    and judicial functions.
    Because the VPRA prevents appellate correction, the error will remain indefinitely unless
    addressed by another judge.
    4. Necessity for Determination by Another Judge
    Given:
    ● the absence of an appeal mechanism under the VPRA;
    ● the systemic nature of the legal error;
    ● the administrative consequences for Landgate and the Registrar of Titles;
    ● the doctrinal importance of s.52 PLA;
    ● and the need for consistency in the Court’s jurisprudence;
    it is necessary that:
    Another judge of the Supreme Court be allocated to determine the proper
    construction of s.52 PLA, independent of the VPRA leave regime.

    This is the only lawful pathway to correct the doctrinal error and prevent its entrenchment.
    5. Request
    I respectfully request that:
    1. The issue of the proper construction of s.52 PLA be referred to another judge of the
    Supreme Court for determination;
    2. The Court provide administrative guidance to the Registrar of Titles to ensure that
    statutory rights arising under s.52 PLA are correctly recorded and maintained;
    3. The Court take steps to prevent the perpetuation of the erroneous construction
    adopted in WASC 90 and WASC 369.
    Yours respectfully,
    Nicholas Ni Kok Chin Perth, Western Australia
    DATED 1ST SEPTEMBER, 2026.

    ReplyDelete
  3. JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    CITATION : NICHOLAS NI KOK CHIN [2026] WASC 369
    CORAM : GETHING J
    HEARD : 27 AUGUST 2026
    DELIVERED : 1 SEPTEMBER 2026
    FILE NO/S : CIV 1628 of 2026
    BETWEEN : NICHOLAS NI KOK CHIN
    Plaintiff

    ReplyDelete
  4. Solicitors:
    Plaintiff : In Person
    Case(s) referred to in decision(s):
    Nicholas Ni Kok Chin [2026] WASC 157
    Nicholas Ni Kok Chin [2026] WASC 40
    The Principal Registrar of the Supreme Court v Chin [2012] WASC 7

    ReplyDelete
  5. https://ecourts.justice.wa.gov.au/eCourtsPortal/Decisions/ViewDecision?returnUrl=%2feCourtsPortal%2fDecisions%2fFilter%2fSC%2fRecentDecisions&id=9882d22c-d291-4727-9a68-7193295ee51c

    ReplyDelete
  6. GETHING J

    Page 3

    GETHING J:
    1 By originating motion filed on 14 May 2026, Nicholas Ni Kok
    Chin (the Applicant) seeks leave to commence proceedings pursuant to
    Vexatious Proceedings Restriction Act 2002 (WA) (VPRA) s 6(1).
    Leave is required as in 2012 the Supreme Court prohibited Mr Chin
    from instituting proceedings in any Western Australian court or tribunal
    without the leave of the court.1
    2 The proceedings which Mr Chin seeks leave to commence are
    against the State of Western Australia and the Registrar of Titles
    (Proposed Proceedings). The Proposed Proceedings relate to a
    commercial property in Malaga. The relief sought is set out in the
    originating motion in the following terms:
    A. Compensation under the Transfer of Land Act 1893 (WA)
    A.1 Compensation under ss 201(1) and 205(1) for
    deprivation of an estate or interest in land, including the
    loss of the 31 items of plant and equipment formerly
    located at Unit 1/383 and registered under PPSR No.
    20170412006511.

    B. Declarations concerning the statutory implied easement
    under s 52 Property Law Act 1969 (WA)
    B.1 A declaration that Unit 1 on Strata Plan 34659
    (Unit 1/383) satisfies the legal requirements for
    creation of a statutory implied easement, including that:
    (i) Prior to subdivision, Lot 12 (383 Victoria
    Road) was held in common ownership by St
    Mark Investment Pty Ltd (unity of
    possession);
    (ii) During unity of possession, the portion now
    comprising Unit 1/383 was designated and
    operated as the Victoria Road Lunch Br.
    (iii) The lunch bar portion enjoyed continuous and
    apparent quasi-easement rights over adjoining
    parts of Lot 12;
    (iv) The quasi-easement was reasonably necessary
    for the enjoyment of Unit 1/383 at the time of
    subdivision;

    1 The Principal Registrar of the Supreme Court v Chin [2012] WASC 7.

    [2026] WASC 369

    GETHING J

    Page 4
    (v) The easement was not expressly excluded in
    the instrument of subdivision; and
    (vi) Upon subdivision, the easement attached to
    Unit 1/383 as an incident of the land.
    C. Declarations concerning extinguishment and loss
    C.1 Declarations identifying the existence, scope, and
    purported extinguishment of the statutory implied
    easement, including that:
    (i) Any purported extinguishment was effected
    without lawful authority or compliance with
    the Transfer of Land Act 1893 (WA);
    (ii) Such extinguishment was invalid and of no
    legal effect; and
    (iii) The loss of the 31 items of plant and
    equipment was caused by enforcement of the
    void order made by Magistrate Ward in
    MC/PER/CIV 10010/2020.

    D. Damages
    D.1 Damages for deprivation of an estate or interest in land,
    including consequential loss arising from removal, sale
    or destruction of the 31 items of plant and equipment.

    E. Further relief
    E.1 Such further or other orders as the Court considers
    appropriate.

    ReplyDelete
  7. 3 So far this year, the Applicant has made three applications relating
    to the same matter, each of which have been decided by me:
    (a) an application by originating motion filed 27 January 2026,
    dismissed on 13 February 2026 (February Decision);2
    (b) an application by originating motion filed 3 March 2026,
    dismissed on 27 March 2026 (March Decision);3
    and

    2 Nicholas Ni Kok Chin [2026] WASC 40.
    3 Nicholas Ni Kok Chin [2026] WASC 90.

    [2026] WASC 369

    GETHING J

    Page 5
    (c) an application by originating motion filed 16 April 2026,
    dismissed on 4 May 2026 (May Decision).4

    4 The Applicant filed affidavit sworn by him on 9 May 2026 as well
    as the following submissions:
    (a) 'Written Submissions of the Applicant' filed 16 May 2026;
    (b) 'Second Submission – Factual Matrix' filed 22 May 2026;
    (c) 'Third Full Submission of the Applicant' filed 23 May 2026;
    (d) 'Fourth Full Submissions of the Applicant to Correct Section 3
    of the Third Submissions' filed 23 May 2026;
    (e) 'Consolidated Submissions for Hearing' filed 3 June 2026;
    (f) 'Sixth Submission' filed 4 June 2026;
    (g) 'Sixth Written Submission' filed 19 June 2026;
    (i) 'Eighth Written Submission' filed 19 June 2026;
    (j) 'Ninth Written Submission of the Plaintiff' filed 21 June 2026;
    (k) 'Oral & Written Submission (Hand-Up)' filed 22 June 2026;
    (l) 'Eleventh Written Submission of the Plaintiff' filed 26 June
    2026;
    (m) 'Twelfth Written Submission' filed 27 June 2026;
    (n) 'Thirteenth Written Submission (Consolidated)' filed 4 July
    2026;
    (o) 'Fourteenth Written Submission' filed 5 July 2026;
    (p) 'Fifteenth Written Submission of the Plaintiff' filed 16 August
    2026;
    (q) 'Written Submission No. 16' filed 21 August 2026;
    (r) 'WS16 – Written Submissions of the exparte Applicant' filed
    22 August 2026;

    4 Nicholas Ni Kok Chin [2026] WASC 157.

    [2026] WASC 369

    GETHING J

    Page 6
    (s) 'MUCC Consideration Notification', handed up at the hearing
    on 27 August 2026;
    (t) 'Oral Script for Justice Gething', handed up at the hearing on
    27 August 2026;
    (u) '17th Written Submissions', handed up at the hearing on
    27 August 2026; and
    (v) 'Contingent WS16', handed up at the hearing on 27 August
    2026.

    5 I have read each set of submissions. They do not raise any
    argument relevant to the grant of leave to commence the Proposed
    Proceedings which has not already been considered and rejected by me
    in the February Decision, March Decision or May Decision. Nor did
    his oral submissions. The foundational legal premise of the Proposed
    Proceedings is that Property Law Act 1969 (WA) s 52 creates a
    'statutory implied easement'. As I set out in the May Decision ([9]), it
    does not.
    6 At points in the documents I have set out at [4], and in oral
    argument, the Applicant asserts that I have made errors in one of my
    earlier decisions. The appropriate forum for determination of that issue
    is by way of an appeal to the Court of Appeal, not a request, in effect,
    for me to reconsider the issue.
    7 I find that there is no prima facie ground for the Proposed
    Proceedings for the purposes of VPRA s 6(5). Therefore I must dismiss
    the application.

    I certify that the preceding paragraph(s) comprise the reasons for decision of
    the Supreme Court of Western Australia.
    CC
    Associate to the Hon Justice Gething
    1 SEPTEMBER 2026

    ReplyDelete
  8. SUPREME COURT OF WESTERN
    AUSTRALIA

    SUBMISSION TO ALL REGISTRARS
    Application for Administrative Re‐Allocation of Judge
    Matter: CIV 1628 of 2026
    Ground: Judgment of 27 August 2026 is a Nullity
    A. Purpose of This Submission
    1. This submission accompanies the Applicant’s request that all Registrars exercise
    their administrative powers to re‐allocate CIV 1628 of 2026 to a different judge for
    reconsideration.
    2. The basis is that the judgment delivered on 27 August 2026 is a nullity, arising
    from:
    2.1 (a) failure to conduct the hearing required by statute;
    2.1 (b) failure to consider mandatory relevant considerations;
    2.3. (c) failure to apply the legislative intent of Division 1, Part V of the Property Law
    Act 1969 (WA);
    2.4. (d) failure to provide proper reasons;
    2.5. (e) refusal to accept submissions; (f) refusal to allow future applications (ultra
    vires);
    2.6. (g) misapprehension of the Applicant’s case.
    3. A judgment that is a nullity cannot stand, cannot be perfected, and must be
    administratively corrected.
    B. Legislative Intent of Division 1, Part V — Property
    Law Act 1969 (WA)
    4. The WA Parliament enacted Division 1 of Part V to:
    (a) modernise property law by adopting English doctrines; (b) codify rights arising
    from unity of possession; (c) ensure continuity of quasi‐easements upon subdivision;

    (d) remove technical defects in covenant formation; (e) align WA law with the UK Law
    of Property Act 1925; (f) guarantee that implied rights bind successors automatically;
    (g) prevent injustice caused by clerical omissions in the register.
    5. These doctrines are mandatory considerations for any judge determining rights under
    the Act.
    C. Judicial Duty to Apply Legislative Intent
    6. A judge is under a non‐discretionary legal duty to:
    (a) interpret the Act according to its text, context, and purpose; (b) apply the English
    doctrinal lineage adopted by WA Parliament; (c) consider all mandatory relevant
    considerations; (d) provide proper reasons explaining the legal basis for the decision;
    (e) conduct the hearing required by statute.
    7. Failure to do so constitutes jurisdictional error.
    D. Consequences When a Judge Ignores Legislative
    Intent
    8. If a judge ignores the legislative intent of Division 1, Part V:
    (a) the judge applies the wrong legal test; (b) the judge misconstrues the statute; (c)
    the judge fails to consider mandatory relevant considerations; (d) the judge denies
    procedural fairness; (e) the judgment becomes void ab initio.
    9. A void judgment is treated as if it never existed.
    10. A void judgment cannot be perfected, cannot be enforced, and cannot be relied
    upon.
    E. Consequences When a Judge Fails to Provide
    Proper Reasons

    ReplyDelete
  9. 11. The High Court has repeatedly held that failure to give proper reasons is itself an
    error of law.
    12. A judge must:
    (a) identify the issues; (b) state the applicable law; (c) explain the reasoning process; (d)
    address the parties’ submissions; (e) explain why the statutory purpose was accepted or
    rejected.
    13. Failure to do so:
    (a) constitutes jurisdictional error; (b) renders the judgment appellable; (c) invalidates the
    judgment; (d) requires administrative correction.
    F. Consequences When a Judge Refuses to Conduct
    the Hearing Required by Statute

    14. Section 6(8) of the VPRA requires the judge to conduct a hearing.
    15. Failure to conduct the hearing:
    (a) is a breach of statutory duty; (b) is a denial of procedural fairness; (c) is jurisdictional
    error; (d) renders the judgment a nullity.
    16. A nullity must be administratively corrected.
    G. Consequences When a Judge Refuses to Accept
    Submissions or Evidence
    17. A judge who refuses to accept submissions:
    (a) denies procedural fairness; (b) fails to consider mandatory relevant considerations; (c)
    commits jurisdictional error; (d) renders the judgment void.
    H. Consequences When a Judge Refuses to Allow
    Future Applications (Ultra Vires)
    18. A judge has no power to prohibit future applications.
    19. Such a refusal is:
    (a) beyond jurisdiction; (b) legally ineffective; (c) itself jurisdictional error; (d) a ground for
    nullity.
    I. Why CIV 1628 of 2026 Must Be Re‐Allocated
    20. The judgment of 27 August 2026 is a nullity because:
    (a) the judge refused to conduct the hearing; (b) the judge refused to consider the
    Addendum; (c) the judge refused to consider submissions filed before the hearing; (d) the
    judge misapprehended the Applicant’s case; (e) the judge refused to allow future
    applications; (f) the judge failed to provide proper reasons; (g) the judge ignored the
    legislative intent of Division 1, Part V.
    21. A nullity cannot be corrected by appeal because there is no appeal mechanism.
    22. Only administrative re‐allocation can correct the defect.
    23. The matter must be re‐listed before a different judge.
    J. Relief Sought
    24. The Applicant respectfully requests that all Registrars:

    ReplyDelete
  10. Subject: Timeline of Communications and Confirmation of Compliance

    Dear Associate / Supreme Court Registry,

    I write to provide a short, factual timeline of the communications sent on 1 and 2 September 2026. This is for clarity only and to confirm that I have complied fully with His Honour Justice Gething’s directions regarding the proper communication protocol.

    Please find the timeline below:

    1 September 2026 — 4:54 PM Email sent to all Registrars and the Chief Justice regarding the jurisdictional issue arising from the s.6(1) VPRA application and requesting administrative re‑allocation. I acknowledge that this communication did not follow protocol.

    2 September 2026 — 9:30 AM Email received from the Associate to Justice Gething advising that broadcast emails are inappropriate and directing that all future correspondence be sent only to His Honour’s chambers or the SC Central Office.

    2 September 2026 — 10:59 AM Apology and new submission sent to the Associate to Justice Gething, confirming compliance with His Honour’s instructions.

    2 September 2026 — 11:00 AM New submission and apology sent to the Supreme Court Registry. Acknowledgment received at 11:01 AM confirming receipt and advising that a response will be provided within five working days.

    I apologise again for the earlier broadcast communication and confirm that I am now proceeding strictly in accordance with His Honour’s directions.

    Yours sincerely,

    Nicholas Ni Kok Chin



    ReplyDelete

  11. Nicholas N CHIN
    Attachments
    10:59 AM (2 hours ago)
    to Associate

    Thank you for your reply.
    Dear Associate

    Thank you for your email received this morning. I acknowledge His Honour’s direction that further correspondence must be sent only to Justice Gething’s chambers or to the SC Central Office. I will comply fully with that instruction from this point forward.

    I also wish to apologise for the broadcast emails that were sent previously. What has been done cannot now be undone, and I regret that those communications did not follow the proper protocol. My intention was only to ensure that the Court was aware of the jurisdictional difficulty arising from the s.6(1) VPRA application, which has no appeal mechanism. I now understand that all communication must remain within the channels His Honour has specified.

    For completeness, I attach again ONLY my written submission, TO BE READ together with the memorandum addressed to the Chief Justice and the earlier email to the Registrars concerning judge allocation. These documents were sent in good faith to clarify the procedural position and to ensure that the Court understood the statutory context of the matter.

    I confirm that I will now proceed strictly in accordance with His Honour’s instructions received today.

    Yours sincerely Nicholas Ni Kok Chin

    ReplyDelete
  12. SUPREME COURT OF WESTERN AUSTRALIA
    COURT OF APPEAL — CIVIL JURISDICTION
    NOTICE OF APPEAL (EX PARTE)
    JURISDICTION:
    Supreme Court of Western Australia
    CITATION OF DECISION APPEALED:
    Nicholas Ni Kok Chin [2026] WASC 369
    CORAM:
    Gething J
    HEARD:
    27 August 2026
    DELIVERED:
    1 September 2026
    FILE NO.:
    CIV 1628 of 2026
    BETWEEN:
    NICHOLAS NI KOK CHIN
    Plaintiff / Applicant below Appellant (Ex Parte)
    1. NATURE OF APPEAL
    This is an ex parte appeal from the decision of the Honourable Justice Gething delivered on 1 September 2026 in CIV 1628 of 2026, reported as Nicholas Ni Kok Chin [2026] WASC 369, refusing the Appellant leave under s 6(1) of the Vexatious Proceedings Restriction Act 2002 (WA) (“VPRA”) to commence proceedings against the proposed defendant, the City of Swan (amended from the State of Western Australia).
    The Appellant has been subject to VPRA restrictions since 2012.
    The proposed defendant is not a party to this appeal.
    The ex parte nature of this appeal is mandated by:
    VPRA s 6(1)
    CACV 88 of 2018 (Chin — Ex Parte)
    Chin ex parte [2019] HCASL 382, which (although concerning Paul Chung Kiong Chin) illustrates that VPRA applications and appeals are dealt with ex parte, on the material filed by the applicant alone.
    2. DECISION APPEALED
    The Appellant appeals against the whole of the decision and orders of Gething J delivered on 1 September 2026, including:
    The dismissal of the Appellant’s VPRA s 6(1) application.
    The finding that the Appellant had “no prima facie ground” under VPRA s 6(5).
    The refusal of leave to commence proceedings.
    3. ORDERS SOUGHT ON APPEAL
    The Appellant seeks orders that:
    The appeal be allowed.
    The decision of Gething J in Nicholas Ni Kok Chin [2026] WASC 369 be set aside.
    The Appellant be granted leave under VPRA s 6(1) to commence proceedings against the City of Swan, alleging:
    statutory compensation under Transfer of Land Act 1893 ss 201 and 205;
    statutory breach under Property Law Act 1969 s 52.
    Alternatively, the matter be remitted to a different judge for reconsideration according to law, specifically on the issue of irremediable injustice, of which both the Principal Registrar and the Chief Justice were already on notice.
    No order as to costs (ex parte appeal; no respondent).
    Any further orders the Court considers appropriate.
    4. GROUNDS OF APPEAL
    (Compliant with SCR r 32 — numbered, concise, identifying errors of law.)
    Ground 1 — Misapplication of VPRA s 6(5)
    His Honour applied a merits‑based test instead of the statutory prima facie threshold required by VPRA s 6(5). His Honour’s statement that the Appellant “raises no argument not already rejected” is not the statutory test.
    Ground 2 — Failure to exercise jurisdiction under VPRA s 6(1)
    His Honour treated himself as functus officio and declined to reconsider the Appellant’s application, stating that the arguments should be raised “on appeal”. This constitutes failure to exercise the jurisdiction conferred by VPRA s 6(1).

    ReplyDelete
  13. Ground 3 — Failure to consider mandatory statutory provisions (TLA ss 201 & 205)
    His Honour failed to consider the Appellant’s proposed statutory compensation claims under Transfer of Land Act 1893 ss 201 and 205.
    His Honour also failed to consider the Registrar’s statutory duties under:
    TLA s 52(2) — subsisting easements deemed part of the estate;
    TLA s 56 — duty to register restrictive covenants;
    TLA s 69(2) — duty to encumber future titles;
    TLA s 129A(1)–(6) — lawful creation of estates without deed; registration obligations.
    These provisions were central to the Appellant’s statutory compensation claim and constituted mandatory relevant considerations.
    Ground 4 — Failure to consider PLA s 52 (misleading conduct in relation to land)
    His Honour failed to consider the Appellant’s proposed statutory claim under Property Law Act 1969 s 52.
    His Honour also failed to consider:
    PLA s 34(1)(a) — creation of interests by parol;
    PLA Part V (ss 45–52) — statutory protection of easements and covenants;
    The legislative intent in the Property Law Bill 1969 permitting creation of easements without deed.
    This omission constitutes failure to consider mandatory relevant considerations.
    Ground 5 — Error of principle: treating prior decisions as determinative
    His Honour relied on earlier decisions involving the Appellant and treated them as binding, instead of conducting the fresh statutory assessment required by VPRA s 6. This is an error of principle.
    Ground 6 — Denial of procedural fairness
    His Honour failed to engage with the Appellant’s written submissions, statutory extracts, and authorities, including:
    Hermansen’s expert material on quasi‑easements;
    Halsbury’s Laws of England Vol 14 para 62;
    Statutory extracts from TLA ss 52, 56, 69, 129A and PLA ss 34, 52;
    Documentary evidence from CIV 2074 of 2018 and CACV 88 of 2018.
    This constitutes denial of procedural fairness.
    Ground 7 — Failure to consider relevant Court of Appeal material (CACV 88 of 2018)
    The Appellant directed His Honour to specific pages of the CACV 88/2018 appeal book. His Honour did not address those pages or their relevance to the prima facie threshold.
    Ground 8 — Failure to consider evidence of irremediable injustice arising from prior appellate error
    His Honour failed to consider the Appellant’s submissions and documentary evidence demonstrating irremediable injustice arising from the Court of Appeal’s handling of CACV 88 of 2018, including procedural unfairness, systemic failure, and absence of available remedies.
    This evidence was directly relevant to whether the Appellant had established a prima facie ground under VPRA s 6(5). Failure to consider this material constitutes an error of law.

    ReplyDelete
  14. Ground 9 — Failure to consider doctrine of implied easements upon division of title (quasi‑easements)
    His Honour failed to consider the Appellant’s submissions concerning the common‑law doctrine of implied easements, including Wheeldon v Burrows, Hermansen, and Halsbury.
    These authorities establish that quasi‑easements arise automatically upon division of title, attach to the dominant tenement, burden servient tenements, and do not require mention in deeds.
    Failure to consider this doctrine constitutes failure to consider mandatory relevant considerations and an error of law.
    Ground 10 — Failure to consider Registrar’s statutory duties under the TLA
    His Honour failed to consider the Registrar’s statutory duties under TLA ss 52(2), 56, 69(2), and 129A(1)–(6), which were central to the Appellant’s proposed statutory compensation claim.
    This omission constitutes failure to consider mandatory relevant considerations and an error of law.
    Ground 11 — Failure to consider new, uncontradicted evidence (City of Swan admission)
    His Honour failed to consider the new, material, and uncontradicted evidence that the City of Swan, through Rhett Walker, admitted liability for the Appellant’s loss.
    This evidence was not available in earlier proceedings, was uncontradicted, and was directly relevant to the prima facie threshold under VPRA s 6(5). Failure to consider it constitutes an error of law.
    5. APPELLANT’S DETAILS FOR SERVICE
    Name: Nicholas Ni Kok Chin Address: 387 Alexander Drive, Dianella WA Telephone: 0411 930 635 Email: nnchin2@gmail.com
    SIGNED BY NICHOLAS NI KOK CHIN on 7th day of September, 2026.

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