Quach v New South Wales Civil and Administrative Tribunal [2020] NSWCA 295

Quach v New South Wales Civil and Administrative Tribunal [2020] NSWCA 295

The fourth application to set aside the vexatious proceedings order, as well as the related contempt and stay applications and other contentions, were dismissed as an abuse of process because they lacked material difference from previous applications, failed to seek leave under s 14 of the Vexatious Proceedings Act, and raised contentions without legal merit or evidentiary support.

Jurisdiction
Australia
Judgment Date
18 November 2020
Procedural Posture
Notice of Motion / Motion to Set Aside Vexatious Proceedings Order and Related Relief
Outcome
Application dismissed as an abuse of process; costs order made against applicant.
Legal Topics
['vexatious Litigants' 'contempt of Court' 'costs' 'application to Set Aside Vexatious Proceedings Order' 'constitution S 109 Consistency' 'procedural Fairness']
['civil Procedure' 'constitutional Law'] ['vexatious Litigants' 'contempt of Court' 'costs' 'application to Set Aside Vexatious Proceedings Order' 'constitution S 109 Consistency' '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 / Motion to Set Aside Vexatious Proceedings Order and Related Relief

Legal Issues

  1. 1 ['Whether the fourth application to set aside vexatious proceedings order constitutes an abuse of process' 'Whether the Health Care Complaints Commission breached an undertaking by enforcing a costs order, amounting to contempt' 'Whether leave under s 14 Vexatious Proceedings Act was required for bringing the application' 'Validity of the Vexatious Proceedings Act in light of s 109 of the Constitution' 'Whether the Health Care Complaints Commission Act 1993 (NSW) applies to the Legal Profession Uniform Law Application Act 2014 (NSW)']

Ratio Decidendi

The fourth application to set aside the vexatious proceedings order, as well as the related contempt and stay applications and other contentions, were dismissed as an abuse of process because they lacked material difference from previous applications, failed to seek leave under s 14 of the Vexatious Proceedings Act, and raised contentions without legal merit or evidentiary support.

Court Disposition

Application dismissed as an abuse of process; costs order made against applicant.

Orders

  • ['The notice of motion filed 10 February 2020 be dismissed as an abuse of process.' "The applicant (Mr Quach) to pay the second respondent's (HCCC) costs of the motion."]