Quach v New South Wales Civil and Administrative Tribunal [2019] NSWCA 49
The application was dismissed because the Court held that s 72 of the Commonwealth Constitution does not apply to State Supreme Courts; therefore, the involvement of a judge over 70 years did not invalidate the previous orders, and the application raised no materially new grounds.
- Jurisdiction
- Australia
- Judgment Date
- 20 March 2019
- Procedural Posture
- Notice of Motion to Set Aside Vexatious Proceedings Order / Court of Appeal Decision
- Outcome
- Application dismissed
- Legal Topics
- ['appointment and Tenure of Judges' 'jurisdiction of Courts' 'vexatious Proceedings' 'federal and State Court Relationships']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Notice of Motion to Set Aside Vexatious Proceedings Order / Court of Appeal Decision
Legal Issues
- 1 ['Whether the Court of Appeal was invalidly constituted due to age of a sitting judge exceeding constitutional maximum' "Whether s 72 of the Commonwealth Constitution applies to State Supreme Courts' judges" 'Whether the application to set aside the vexatious proceedings order raised any materially new grounds']
Ratio Decidendi
The application was dismissed because the Court held that s 72 of the Commonwealth Constitution does not apply to State Supreme Courts; therefore, the involvement of a judge over 70 years did not invalidate the previous orders, and the application raised no materially new grounds.
Court Disposition
Application dismissed
Orders
- ['Dismiss the notice of motion filed 29 August 2018.']
Full Case Text
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