LETTER TO SAT IN VR87 OF 2009 AND COURT OF APPEAL REGISTRAR IN CACV41OF2010 TO CUT THE GORDIAN KNOT

The Associate of the Deputy President of SAT
Justice Pritchard, fax: (08) 9325 5099
7/9/2010 1:33:45 PM
The Chairperson
The LPCC, fax: (08) 9461 2265

Registrar Eldred of the Court of Appeal
Supreme Court of Western Australia, fax: (08) 9221 4436

Dear Sirs

CACV 41 OF 2010: CHIN V LEGAL PRACTICE BOARD; VR 87 OF 2009: LPCC V CHIN

I refer to the above appeal against Justice Heenan’s decision in CIV1019 of 2010 which has been put on an indefinite hold caused by my Application for Mandamus Orders against Heenan in CIV1604 of 2010. The latter has since been dismissed by Justice Le Miere in CIV 1604 of 2010 on 29.6.2010. My cases before the courts have become so complex such that it has become impossible for the individual Justices to obtain a full grasp of it in order to solve my problem. I term this problem as the proverbial GORDIAN KNOT. I have therefore taken the initiative to write to the Government of Western Australian as represented by the Members of Parliament who are representing the electorate of the East Metropolitan Region where I am located as a Citizen of Australia to seek relief through the political channels instead of through the courts system and also to the State Ombudsman in the terms as appearing hereunder:

Please find my letter to the State Ombudman of Western Australia. I believe there is a simple solution to my problem if the Government of Western Australia were to cut the Gordian knot, which our justice system would not want to ROCK THE BOAT ABOUT in terms of the following:
a) The existence of the Pseudo Board of the regulator of the legal Profession in WA which has no justifications to usurp the proper and statutory functions of the Board to protect its cronies.
b) The failure of Justice Kenneth Martin in CIV 1903 of 2008 to acknowledge that Mr. Timothy Robin Thies who is guilty of professional misconduct by plundering and pillaging his former clients with a ZERO SUM FALSE DEBT CLAIM which is admitted to by that legal practitioner himself in his evidence filed before the Court on 6.10.2010.
c) The falsification of the court records in CIV 1131 of 2006 by David Taylor Solicitor resulting in false costs orders by Master Sanderson in CIV1775 of 2008 to Mr. Maurice Frederick Law and Mr. Nicholas N Chin thus denying the latter his entitlement to his costs for solicitor work done in CIV1142 of 2006.
Below is the contents of my letter to the State Ombudsman dated 9.7.2010 in the following terms:

Your ref: C/18594 & C/18582; Tel/Email: 9220 7555; mail@ombudsman.wa.gov.au;
Fax: 08 9325 1107
Friday, July 09, 2010

Ombudsman Western Australia
Level 12, 44 St. Georges Terrace Perth WA 6000
Atten: Mr. Andrew Harvey- Assistant Ombudsman Complaint Resolution

Dear Sir FACSIMILE TRANSMISSION

DEPARTMENT OF THE ATTORNEY GENERAL

I refer to your letter dated 14th of June, 2010 regarding the above matter.
With reference to paragraphs 3 and 4 of your letter, I would like to respond to you as follows:
a) There is no denying the fact that there exists a repugnance of all the courts that I have been through i.e. SAT through its President Justice Chaney in VR107 of 2008, the Court of Appeal in CACV105 of 2008, the Supreme Court judges in Justice Heenan in CIV1019 of 2010 and Justice Le Miere in CIV 1604 of 2010 and Justice Kenneth Martin in CIV1903 of 2008 and CIV1112 of 2007, to deal with the matters affecting the conspiratorial links of the members of the Pseudo Board of the Legal Practice Board usurping the functions of the real regulator of the legal Profession of WA. There is consequently, in a practical sense, no longer any right of appeal nor any avenues left for me to seek justice through our legal system in WA or in the High Court of Australia. Under these circumstances, the Ombudsman has a duty to conduct an investigation pursuant to subs. 14(4) of the Parliamentary Commissioner Act, 1971.
b) Although I have an outstanding appeal against the decision of Justice Heenan in CACV41 of 2010, it is not reasonable for the Ombudsman to expect that I resort to it any longer for its outcome is certain that I will be denied justice on the ground that the courts system had failed and will fail AND WILL CONTINUE TO IGNORE the only three simple issues, but had gone instead gone round in circles, and came to different conclusions by willfully ignoring them and thus not litigating them at all, in the following terms[1]:
1) The issue of the existence of the Pseudo Board usurping the functions of the real regulator without the majority consent of the latter, culminating in the issue of the credibility of the trial judge, Justice Chaney in the High Court of Australia in P36 of 2009 and CIV 1019 of 2010, CIV 1604 of 2010 and CACV41 of 2010 and CACV 43 of 2007.
2) The issue of the plundering and pillaging by a lawyer Mr. Timothy Robin Thies of his former clients Paul C K Chin and Nicholas N Chin through a false claim of a ZERO SUM DEBT in FR417 of 2007, FR944 of 2007, District Court Appeal No.6 of 2007 before Commissioner Herron and ending in CIV 1903 of 2008 before Justice Hasluck and Justice Kenneth Martin and CIV 1112 of 2007 before Justice Templeman and Justice Kenneth Martin and the pending CIV 1981 of 2010.
3) The issue of the falsification of the court records by lawyer David Taylor in CIV1131 of 2006 culminating in the Court of Appeal decision in CACV107 of 2008, CIV1877 of 2010 and the High Court decision in P1 of 2010.
c) The government of Western Australia must now implement its policies through our justice system to ensure that I as its victim of racism in Australia am no longer being tortured pursuant to the provisions of the United Nation’s CONVENTION AGAINST TORTURE and Other Cruel, Inhuman or Degrading Treatment or Punishment[2].
Yours faithfully
NICHOLAS N CHIN
Footnotes:
[1] For a further elucidation of all the various cases and their intricacies, please refer to my blogspot which you can Google using my name: “NICHOLASNCHIN”.
[1] Article two of the Convention of which Australia has ratified, provides as follows:
1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction.
2. No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture.
3. An order from a superior officer or a public authority may not be invoked as a justification of torture.

Yours faithfully
NICHOLAS N CHIN
387, ALEXANDER DRIVE
DIANELLA WA 6059
Phone: 08 9275 7440
Mobile: 0421642735
Emails: nnchin@msn.com; nnchin09@tpg.com.au; nnchin1@gmail.com

I understand that VR87 of 2009 is coming up before SAT on 13.8.2010 and the Court of Appeal has postponed my Appeal CACV41 of 2010 indefinitely. Further information on my cases is obtainable from my blogspot by Googling “NICHOLAS N CHIN”. Any sincere attempt by any interested parties in the interest of justice and in the public interests, in this matter, can be easily resolved by cutting the Gordian Knot that I referred to above. As long as these three issues of the Gordian Knot are not resolved satisfactorily, it will not clear up my name and the Legal Practice Board can be accused of acting clandestinely to protect its cronies. If these issues are resolved, the Legal Practice Board can then make its decision to impose conditions on my practice certificate as it will, if it then deems it necessary to do so. Without clearing up these three issues, I will stand steadfast by the notion that since these issues are not res judicata, I will want them to be legally determined such that I will no longer be subject to the tyranny of the courts which has repeatedly refused to do its duties to litigants coming before it, just because it is impossible for it to understand my case or that it is humanly impossible for the individual Justice to comprehensively grasp my cases.

Yours faithfully
NICHOLAS N CHIN