Re Nicholas NI Kok Chin;

[2012] WASC 219

JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION:   RE NICHOLAS NI KOK CHIN; EX PARTE CHIN [2012] WASC 219

CORAM:   McKECHNIE J

HEARD:   18 JUNE 2012

DELIVERED          :   18 JUNE 2012

FILE NO/S:   CIV 3427 of 2011

EX PARTE

NICHOLAS NI KOK CHIN
Applicant

AND

TIMOTHY ROBIN THIES
First Respondent

PAUL CHUNG KIONG CHIN
Second Respondent

Catchwords:

Vexatious proceedings - Leave to commence - No new principles

Legislation:

Vexatious Proceedings Restriction Act 2002 (WA)

Result:

Leave refused

Category:    B

Representation:

Counsel:

Applicant:     In person

First Respondent          :     No appearance

Second Respondent      :     No appearance

Solicitors:

Applicant:     In person

First Respondent          :     No appearance

Second Respondent      :     No appearance

Case(s) referred to in judgment(s):

Nil

1. McKECHNIE J:  In relation to CIV 3427 of 2011, the applicant, Mr Chin, has been declared a vexatious litigant and requires leave to commence or continue proceedings.  Leave has not been sought by Mr Chin, who asserts that he is a lawyer not in current practice.  This is surprising because his notice of motion and affidavit have all the hallmarks of being drawn by an unlearned layperson.  The affidavit contains material that is irrelevant and some passages are incomprehensible.  At the very least a notice of motion and supporting affidavit must be intelligible, otherwise the processes of the court cannot be engaged.  These documents are not.  Leave to pursue them is refused and the application is dismissed. 

2. In any event, the purported application is vexatious.  Firstly, it is incoherent and it seeks to relitigate matters which have been determined already by competent courts, including the Court of Appeal.  Mr Chin seems unable to realise that endless litigation over the same issues is the epitome of vexation.  The court will not allow its processes to be converted into instruments of oppression.  For these further reasons also, the application is refused.