Quach v New South Wales Civil and Administrative Tribunal (No 2) [2017] NSWCA 182

Quach v New South Wales Civil and Administrative Tribunal (No 2) [2017] NSWCA 182

The applicant's notices of motion sought to re-agitate matters already fully determined by the Court and to challenge administrative arrangements and the legitimacy of the tribunal. There is no legal merit in the arguments raised. The attempts are vexatious and constitute an abuse of process, and the Court's time and resources should not be spent on repeated litigation of the same issues. Summary dismissal is warranted, and the applicant must show cause why a vexatious proceedings order should not be made.

Jurisdiction
Australia
Judgment Date
25 July 2017
Procedural Posture
Notice of Motion / Judicial Review / Application to Show Cause / Summary Dismissal of Notices of Motion; Consideration of Vexatious Proceedings Order
Outcome
Applications summarily dismissed as vexatious and an abuse of process; show cause order
Legal Topics
['vexatious Proceedings' 'jurisdiction' 'abuse of Process' 'judicial Review' 'constitution of Tribunal' 'procedural Fairness']
['civil Procedure' 'health Law' 'administrative Law'] ['vexatious Proceedings' 'jurisdiction' 'abuse of Process' 'judicial Review' 'constitution of Tribunal' 'procedural Fairness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Notice of Motion / Judicial Review / Application to Show Cause / Summary Dismissal of Notices of Motion; Consideration of Vexatious Proceedings Order

Legal Issues

  1. 1 ['Whether notices of motion should be dismissed as vexatious and an abuse of process' 'Whether the applicant is entitled to re-open matters already decided in related judicial review proceedings' 'Whether orders should be made directing the applicant to show cause why he should not be prohibited from instituting further proceedings relating to the subject matter' 'Whether the Registrar or specified judges are lawfully entitled to hear or give directions in the matter']

Ratio Decidendi

The applicant's notices of motion sought to re-agitate matters already fully determined by the Court and to challenge administrative arrangements and the legitimacy of the tribunal. There is no legal merit in the arguments raised. The attempts are vexatious and constitute an abuse of process, and the Court's time and resources should not be spent on repeated litigation of the same issues. Summary dismissal is warranted, and the applicant must show cause why a vexatious proceedings order should not be made.

Court Disposition

Applications summarily dismissed as vexatious and an abuse of process; show cause order

Orders

  • ['Notice of motion filed 18 April 2017 (2015/67618) dismissed as vexatious and an abuse of process.' 'Notice of motion filed 9 May 2017 (2015/67618) dismissed as vexatious and an abuse of process.' 'Notice of motion filed 13 June 2017 (2015/67618) dismissed as vexatious and an abuse of process.' 'Notice of motion...