Yap Chong Yee

Saturday, October 04, 2008

RETENTION OF SECURITY FOR COSTS IS RETENTION OF STOLEN MONEY, OBTAINED UNDER FALSE PRETENSES.

To,Malaysian Chief Judge,Pres. Court of Appeal,Attorney Gen.Pres. & Sec. Malaysian Bar,Members of Malaysian Bar, Dear Ladies & Gentlemen, Re: Re : Originating Petition No. D2-26-41 OF 2001 ; Lim Choi Yin v. McLaren Saksama (Malaysia) Sdn. Bhd
Take notice that my wife's above petition is still left un-adjudicated despite the failed
attempt by Judge Zainon binti Mohd. Ali to strike out said petition. She is irritrievably
INCOMPETENT; her attempt to strike out was FUCKING INEFFECTUAL on the following grounds (1)1st Respondent (the Company), represented by Kwong Sea YoonAS THEIR SECRETARY,
had applied for security for costs supported by Mr Kwong Sea Yoon's affidavit and when
Petitioner applied to cross examine Mr Kwong Sea Yoon for perjury on his supporting
affidavit to his application for security for costs, Mr Kwong Sea Yoon permanently
ABANDONED his defence of 1st Respondent (he ran away). (2)based on the rule of pleading, "that an allegation that is not specifically denied is
deemed to be ADMITTED". therefore by this rule of pleading Kwong Sea Yoon has by his
withdrawal from any further participation in defence of 1st Respondent and not having
denied Petitioner's charge that he lied in his supporting affidavit IS DEEMED TO HAVE
ADMITTED HE LIED IN HIS AFFIDAVIT AND THAT BEING THE CASE MY WIFE'S COUNSEL, MR
DAVID HOH HAD THE DUTY TO ENTER JUDGMENT IN DEFAULT OF DEFENCE, but he did not,
inspite of my request to enter judgment in default. I believe David had acted under pressure
from Judge Zainon binti Mohd. Ali not to enter judgment in default because she had planned
to STRIKE OUT MY WIFE'S PETITION WHEN PETITIONER PAID HER RM.60,000. Judge Zainon
binti Mohd. Ali wanted to punish me twice for reporting her unprofessional conduct, to the
then Chief Justice, Tun Fairoz, in rquesting my wife to withdraw petitioner's application to
cross examine respondents for PERJURY. Letters written to me from Mr David Hoh will
indecate this unprofessional conduct. However, because the above Petition is still ACTIVE and because the Strike Out is
ineffectual Mr David Hoh can still ENTER JUDGMENT IN DEFAULT at this time. This is my
opinion and I wrote this to him in a POST which can be read if you scroll down my blogg. @
http://yapchongyee.blogspot.com/, 6 months earlier. (3)Mr Kwong Sea Yoon, having pleaded a defence in his supporting affidavit and having
abandoned his defence without having denied specifically my wife's charge that he pejured,
is reason why Respondent Stephen Lim cannot then foolishly attempt to come in Mr Kwong
Sea Yoon's place to deny the charge against Mr Kwong for perjury and then to apply for an
order for striking out, because by this same rule of pleading ONLY Mr Kwong Sea Yoon can
come in to resumme his defence or he will be held to have PERJURED BY REMAINING
INCOMMUNICADO. The rationale being, Perjury is a crime that is committed by the person
making such statement and if he is found to have perjured, only he can be punished. The
liability lies with Mr Kwong Sea Yoon alone. Only a law illiterate, in this case Judge Zainon binti Mohd. Ali can accept the affidavit of Mr
Stephen Lim as sufficient substitute denial of the perjury of Mr Kwong Sea Yoon this is
fucking bullshit ! Stephen Lim Cheng Ban, Kwong Sea Yoon and Wong Kem Chen all three
perjured but Judge Zainon binti Mohd. Ali accept their affidavits as FUCKING PROVEN FACTS
AND REFUSED TO GIVE PETITIONER LEAVE TO CROSS EXAMINE, EVEN WHEN PETITIONER'S
APPLICATION IS SUPPORTED BY 3 POLICE REPORTS THAT CHARGE THEM WITH PERJURY.
However, Mr Kwong's continued default of defence still gives Petitioner the RIGHT TO ENTER
JUDGMENT IN DEFAULT OF DEFENCE RIGHT UP TO TODAY. (4)It is sufficient to say that this last point PUTS THE CREDIBILITY, (both ETHICALLY AND
COMPETANCY-WISE OF THE MALAYSIAN JUDICIARY on trial; THE ORDER TO STRIKE OUT
COMING AFTER RM.60,000 HAD BEEN paid TO RESPONDENTS AS SECURITY FOR COSTS, MAKES
THE RETENTION OF RM.60,000 by the Respondents, under Judge Zainon's Order the crime of
retaining stolen money obtained under false pretenses; because money for security for costs
is a contingency deposit to secure the costs of the trial only in the event that Petitioner
looses her case;, and therefore where there is no trial (because of strike out) the respondents
cannot generate an acceptable "BILL OF COSTS". That being the case the RM.60,000 cannot be
ligitimately DISBURSED. Therefore, the retantion of this security for costs IS NOT FUCKING
SANCTIONED BY LAW. Judge Zainon binti Mohd. Ali has by her ciminal conduct become a co
-conspirator IN A CRIMINAL CONSPIRACY TO OBTAIN MONEY UNDER FALSE PRENETCES. Will
the Malaysian Chief Justice, President of the Court of Appeal not do their duty under their
oath of office and UPHOLD THE LAW ? It is amazing how the March 8 elections have pushed the UMNO government to put on
a more accptable fascade to the government; but let me assure you, that this is nothing more
than window dressing, the same rot will remain because the rot is in the Malaysian society
itself. The Malaysian legal & judicial services are unethical, corrupt, unprofessional and
incompetent. The conduct & performance of Judge Dato Zainon binti Mohd. Ali in the above
said petition is nothing short of diabolical. Consider the following : --
(1)she aided & abetted perjury, forgery, fabrication of evidence; A JUDGE OF THE COURT OF
APPEAL, whose conduct is just outright CRIMINAL.(2)the Malaysian Chief Justice, President of the Court of Appeal, many judges informd by my
faxes sent to them randomly, 400 legal precticing lawyers informed by my fax messages; and
be assured that nothing will be done. It is laughable that a COURT OF APPEAL JUDGE NOT
ONLY PRO-ACTIVELY CONDONED PERJURY, FORGERY, FABRICATION OF EVIDENCE, BUT IS
ALSO A CO-CONSPIRATOR TO OBTAING MONEY UNDER FALSE PRETENSES AND CONSPIRACY
TO PERVERT THE COURSE OF JUSTICE.(4)This is the Malaysia that claims to be a developed modern nation by fucking 2020 ! Just
like your SPACE TOURIST THAT IS TOUTED AS astronaught. Paid fucking Rm.100 million for
the ride into space. Fucking crazy arseholes !
Email :ychongyee@yahoo.com.au Blogg. http://yapchongyee.blogspot.com/

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