Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and Administrative Tribunal [2018] NSWCA 175

Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and Administrative Tribunal [2018] NSWCA 175

Section 72 of the Commonwealth Constitution does not apply to the Supreme Court of New South Wales, which is a State court, not a court created by the Commonwealth Parliament. Therefore, the presence of a Judge of Appeal above age 70 did not invalidate the constitution of the Court or its orders under the Vexatious Proceedings Act. Mr Quach's applications must be dismissed.

Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Application to Set Aside Vexatious Proceedings Orders / Decision on Notices of Motion to Set Aside Vexatious Proceedings Order
Outcome
Applications dismissed
Legal Topics
['vexatious Proceedings' 'validity of Judicial Appointments' 'jurisdiction of State Courts' 'section 72 Commonwealth Constitution']
['constitutional Law' 'civil Procedure'] ['vexatious Proceedings' 'validity of Judicial Appointments' 'jurisdiction of State Courts' 'section 72 Commonwealth Constitution']

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Procedural Posture

Application to Set Aside Vexatious Proceedings Orders / Decision on Notices of Motion to Set Aside Vexatious Proceedings Order

Legal Issues

  1. 1 ['Whether court was validly constituted in light of s 72 of Constitution due to age of judge' 'Whether s 72 of Constitution applies to judges of State Supreme Courts' 'Whether leave under s 14 of Vexatious Proceedings Act is required for application under s 9']

Ratio Decidendi

Section 72 of the Commonwealth Constitution does not apply to the Supreme Court of New South Wales, which is a State court, not a court created by the Commonwealth Parliament. Therefore, the presence of a Judge of Appeal above age 70 did not invalidate the constitution of the Court or its orders under the Vexatious Proceedings Act. Mr Quach's applications must be dismissed.

Court Disposition

Applications dismissed

Orders

  • ['To the extent necessary, grant leave under s 14 of the Vexatious Proceedings Act 2008 (NSW) for the filing by the plaintiff of the notices of motion on 20 November 2017 in proceedings 2015/67618, 2015/48269 and 2015/158685.' 'Dismiss the notices of motion filed 20 November 2017 in proceedings 2015/67618,...