Gannaway v Chin [No 3]
[2012] WASC 269
•27 JULY 2012
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
IN CHAMBERS
CITATION: GANNAWAY -v- CHIN [No 3] [2012] WASC 269
CORAM: MASTER SANDERSON
HEARD: 25 JULY 2012
DELIVERED : 27 JULY 2012
FILE NO/S: CIV 2157 of 2011
BETWEEN: MICHELE-MAREE GANNAWAY
Plaintiff
AND
NICOLAS NI KOK CHIN
First DefendantMAURICE FREDERICK LAW
Second DefendantREGISTRAR OF TITLES
Third Defendant
FILE NO/S :CIV 1275 of 2012
BETWEEN :NICOLAS NI KOK CHIN
First Applicant
SPUNTER PTY LTD as Trustee for the MF Law Family Trust trading as FM Law Builder
Second ApplicantMICHELE-MAREE GANNAWAY as Administrator of Estate of Nancy Cloonan Hall
First RespondentAUDREY FRANCES HALL as Executor of the Estate of Kenneth Duncan Hall
Second Respondent
Catchwords:
Application for suspension order under Civil Judgments Enforcement Act - Turns on its own facts
Legislation:
Civil Judgments Enforcement Act 2004 (WA)
Result:
Applications dismissed
Category: B
Representation:
CIV 2157 of 2011
Counsel:
Plaintiff: No appearance
First Defendant : In person
Second Defendant : In person
Third Defendant : No appearance
Solicitors:
Plaintiff: No appearance
First Defendant : In person
Second Defendant : In person
Third Defendant : No appearance
CIV 1275 of 2012
Counsel:
First Applicant : In person
Second Applicant : No appearance
First Respondent : Mr C P Stokes
Second Respondent : Mr C P Stokes
Solicitors:
First Applicant : In person
Second Applicant : No appearance
First Respondent : Chris Stokes & Associates
Second Respondent : Chris Stokes & Associates
Case(s) referred to in judgment(s):
Audrey Francis Hall as executrix of the estate of Kenneth Duncan Hall v Chin [2008] WASC 255
MASTER SANDERSON: This appears to be the return of three applications made by the first and second defendants. The first is an application for a suspension order under the Civil Judgments Enforcement Act 2004 (WA). That application is made by the first and second defendants. The second application made by letter without initiating process asks that I recuse myself from dealing with matters associated with Mr Chin. The third application, again made without initiating process, appears to be an application by Mr Chin for leave to commence proceedings. Mr Chin has been declared a vexatious litigant and needs leave before any action can be commenced.
Dealing first with the application for a suspension order, it is supported by an affidavit of the first and second defendants sworn 20 June 2012. Although not specified in the application itself, it would appear the first and second defendants are seeking an order suspending enforcement of a costs order made by Simmonds J on 12 August 2011. The affidavit is hardly comprehensible. It appears to re‑agitate issues which have already been decided. It provides no basis for the orders sought by the first and second defendants. Moreover, I was advised by Mr Chin appeal proceedings are on foot. If the enforcement order is to be suspended, it should be by order of the Court of Appeal.
The application for the suspension order will be dismissed.
As I understand the position, the application I recuse myself is based upon a decision I made in 2008: Audrey Francis Hall as executrix of the estate of Kenneth Duncan Hall v Chin [2008] WASC 255. There is nothing in that decision which could lead to an apprehension of bias. There is, accordingly, no basis upon which I should disqualify myself. That application will be dismissed.
Finally, there is no basis upon which Mr Chin should be given leave to commence any further proceedings. He is simply seeking to re‑agitate matters which have been considered on numerous occasions. There is no substance to the allegations made in the affidavit material and it would be a waste of time and money to allow Mr Chin to commence further proceedings.
Accordingly, all of the first and second defendants' applications will be dismissed.
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