My ref: VR87 OF 2009
Your ref: S232/09
17th day of March, 2010.
The Legal Profession Complaints Committee
Atten: Legal Officer: Ms. Caroline Brookes
PO Box: Z5293, St. Georges Terrace, PERTH WA 6831 Fax: 08 9461 2265
Your ref: S232/09
Dear Sir
RES JUDICATA POINT JUDGMENT GIVEN BY THE PRESIDENT OF SAT
JUSTICE CHANEY ON 4.11.2009 IN VR 87 OF 2009
I acknowledge the receipt of your response dated 15th March, 2010 to my letter of the same date responding to your letter dated 11.3.2010. I would like to respond to it as follows:
a) If the LPCC were to respect the principle of the rule of law that I am entitled to my defence of res judicata, then it should not seek to mislead the tribunal any further.
b) The LPCC could just remedy the wrongs that were partly occasioned by its counsel Ms. Le Miere by way of omission when she was before the learned President at the stage before the pronouncement of the res judicata judgment by the tribunal through the learned President Justice Chaney.
c) The LPCC could remedy these wrongs by informing the tribunal that it is bound by the law in that it is not able to seek the “further remedy” of prosecuting me for professional misconduct when it had already persecuted me for the nebulous “deficiency in my professional knowledge” in the past.
d) The LPCC should also understand that my defence of res judicata and issues estoppel prevent the learned Deputy President Judge Pritchard for further hearing the res judicata proceedings. The reason is that there are no longer in existence, issues of facts and law, triable before the tribunal. These have already merged into the previous judgments, irrespective of whether I have unsuccessfully or successfully appealed them. Therefore, it is unnecessary for the LPCC to further persecute me with the fabricated evidence of Mrs. Mathias.
e) The LPCC should know that I have made an application in CIV 1019 of 2010 in the Supreme Court of WA invoking prerogative writ orders to prevent the abuse of powers of the tribunal and to stay the res judicata proceedings; this application is scheduled to be heard on 6.4.2010 at 10.00 am. It therefore operates as a stay of the res judicata proceedings and any further directions hearing by the tribunal in defiance of this stay is a wrong administrative decision by the tribunal through its learned President.
f) The LPCC should inquire together with me from the learned President for his written answers to my 21 questions as contained in my letter dated 15.3.2010, failing which the LPCC and the learned President is reasonably seen to be conspiring with each other for the purpose of persecuting me for an illegal purpose or for a secret agenda which the LPCC has an obligation to explain to members of the public as to why it is utilizing public funds and public amenities for a private purpose.
g) The LPCC should be prosecuting Mr. Timothy Robin Thies, Mr. David Taylor and Mr. Pino Monaco for professional misconduct and why it is not doing so in the interests of the public but is persecuting me to serve a secret agenda which it has secret knowledge of. Are the former Presidents of the Law Society of WA so powerful that they are invincible to any prosecution by the LPCC?
h) Why did the learned President condone the pillaging and plundering of legal professionals against innocent members of the public as in the case of Mr. Alessandro Bertini and Dr. Kheng Su Chan and my son Paul Chung Kiong Chin. These people are still seeking justice but justice is not being seen to be done. As a consequence, the onus of proof of this secret knowledge is therefore reversed.
i) Are there warlords in the justice system of Western Australia which a lawyer must pay obeisance to, in order to be able to practice the law without persecution?
Yours faithfully
NICHOLAS N CHIN
c.c.
The Chief Executive Officer
The State Administrative Tribunal Ground Floor, 12 St Georges Terrace Perth
Postal address: GPO Box U1991 Perth 6845
Telephone: (08) 9219 3111 1300 306 017 Fax: (08) 9325 5099
Atten:
The Associate to the President of SAT: Ms. Toni Sherwood
The Associate to Deputy President of SAT: Ms. Alexandra Turner
The Principal Registrar
Mr. Keith Frederick Chapman
Supreme Court of WA Stirling Gardens, Barrack Street PERTH WA 6000 Associate: Tel: 08 9421 5302 Fax: 08 92218350
Your Ref: CIV 1019 of 2010: Ex-parte Nicholas N Chin
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