FACSIMILE LETTER TO CHIEF REGISTRAR OF SUPREME COURT RE: APPLICATION FOR A COURT OF APPEAL JUSTICE TO HEAR JUDICIAL REVIEW FOR PREROGATIVE ORDERS IN CIV 1981 & 1887 OF 2010

Your ref: CIV 1877 of 2010 & CIV1981 of 2010.

Thursday, 30 September 2010

The Principal Registrar

Mr. Keith Frederick Chapman

Supreme Court of WA Stirling Gardens,

Barrack Street

PERTH WA 6000

Associate:

Tel: 08 9421 5302  & 9421 5333

Fax: 08 92218350

ATTEN: RACQUEL

Dear Sir

FILING OF NOTICE OF MOTION IN CIV 1981 AND 1877 BOTH OF 2010 AND SUPPORTING AFFIDAVIT

I refer to the above matter and my attendance at the Central Office of the Supreme Court of Western Australia at Perth this morning when I was serviced by Racquel.  Further, I would like to state the following:

a)             I am presenting my NOTICE OF MOTION dated 30.9.2010 in 2 pages applicable to both the cases and my Affidavit in Support of it sworn the day in 22 pages.

b)             Racquel retained a set of those documents for CIV 1981 of 2010 but requested me to file by faxing a similar set of those documents for filing in CIV 1877 of 2010 to Fax No. 08-9221 8350.

c)             Racquel requires this procedure for filing those two sets of documents in those two cases on the ground that although the judgment of Justice EM Heenan in RE JUSTICE KENNETH MARTIN; EX PARTE CHIN [2010] WASC 212 heard on 4.8.2010 and delivered on 11.8.2010 is a consolidated judgment of those two cases, in fact these two cases have not yet been consolidated into one case.   Therefore two sets of these documents would have to be filed for each of the two cases into their respective files kept at the Supreme Court of Western Australia.

d)             The procedure for filing this Notice of Motion dated 30.9.2010 together with my Supporting Affidavit is prescribed for by Registrar Eldred in her letter to me dated 29.7.2010 as contained in page 16 of the my Affidavit sworn 30.9.2010.  

e)             The prescription affects CIV 1877 of 2010 but should similarly affect CIV 1981 of 2010 in so far as its purpose is to enable me to make an Application for a Court of Appeal Justice to hear both the judicial review cases for prerogative remedies instead of Justice Heenan hearing them because His Honour is of the same rank as Justice Kenneth Martin and Justice Chaney of SAT.  

f)             Therefore there is an admission by Justice Heenan that he had no authority to dismiss a similar application for judicial review for prerogative orders in CIV 1019 of 2010 which has now been appealed to the Court of Appeal in CACV41 of 2010.   

Please therefore find the following documents attached for the purpose of fax filing CIV1877 of 2010 as the documents

for CIV1981 of 2010 have already been accepted for filing by Racquel:

i)                     Application in CACV 107 of 2008 which contains bullet point No.2 as requested for by Racquel in one page.

ii)                   Form 2 Application by me for waiver of fees for CIV 1877 of 2010 in 5 pages.

iii)                  NOTICE OF MOTION dated 30.9.2010 in 2 pages.

iv)                  My Affidavit in Support of the NOTICE OF MOTION sworn 30.9.2010 in 22 pages. 

Yours faithfully  

NICHOLAS N CHIN

c.c.

Registrar Eldred, Court of Appeal, Supreme Court of WA Fax: 9421 5471

This letter only is sent to you for you to take note of sub-para.(f) above.  His Honour Justice Heenan had admitted in his judgment delivered on 11.8.2010 that he had no jurisdiction to deal with CIV 1019 of 2010 which became my current Appeal in CACV 41 of 2010.