Quach v New South Wales Civil and Administrative Tribunal (No 2) [2022] NSWCA 177

Quach v New South Wales Civil and Administrative Tribunal (No 2) [2022] NSWCA 177

The fifth application by Mr Quach to set aside the vexatious proceedings order was dismissed as an abuse of process because it repeated prior unsuccessful grounds, raised only frivolous constitutional contentions, and there was no factual or legal basis for stay or inconsistency under federal law.

Parties
Applicant: Michael Quach; First Respondent: NSW Civil and Administrative Tribunal; Second Respondent: NSW Health Care Complaints Commission
Jurisdiction
Australia
Judgment Date
09 September 2022
Procedural Posture
Notice of Motion / Ruling on Application to Set Aside Vexatious Proceedings Order
Outcome
Application dismissed as an abuse of process.
Legal Topics
Vexatious Litigants, Abuse of Process, Recusal for Apprehended Bias, Federal Jurisdiction, Stay of Proceedings
Civil Procedure Constitutional Law Administrative Law Vexatious Litigants Abuse of Process Recusal for Apprehended Bias Federal Jurisdiction Stay of Proceedings

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Parties

Michael Quach

Applicant

NSW Civil and Administrative Tribunal

First Respondent

NSW Health Care Complaints Commission

Second Respondent

Procedural Posture

Notice of Motion / Ruling on Application to Set Aside Vexatious Proceedings Order

Legal Issues

  1. 1 Whether application to set aside vexatious proceedings order was an abuse of process
  2. 2 Whether vexatious proceedings order could be made in interlocutory proceedings
  3. 3 Whether the order was inconsistent with Commonwealth law under s 109 Constitution

Ratio Decidendi

The fifth application by Mr Quach to set aside the vexatious proceedings order was dismissed as an abuse of process because it repeated prior unsuccessful grounds, raised only frivolous constitutional contentions, and there was no factual or legal basis for stay or inconsistency under federal law.

Court Disposition

Application dismissed as an abuse of process.

Orders

  • The applicant's notice of motion filed 5 April 2022 be dismissed as an abuse of process.
  • The applicant to pay the second respondent's costs of the motion.