Quach v New South Wales Health Care Complaints Commission (No 6) [2017] NSWCA 183

Quach v New South Wales Health Care Complaints Commission (No 6) [2017] NSWCA 183

Mr Quach's repeated notices of motion sought to re-agitate matters already determined, challenged judicial assignments improperly, and raised unfounded allegations. No merit was found in any challenge or contempt allegations. Both December 2016 and March 2017 motions were summarily dismissed as vexatious and an abuse of process. Leave to serve notice to produce was refused. Applicant was ordered to show cause why orders under the Vexatious Proceedings Act should not be made.

Jurisdiction
Australia
Judgment Date
25 July 2017
Procedural Posture
Notice of Motion (court of Appeal/supreme Court of Nsw) / Determination in Chambers on Summarily Dismissing Motions as Vexatious and Abuse of Process, and Show Cause for Proposed Vexatious Proceedings Orders
Outcome
Both motions dismissed as vexatious and an abuse of process; leave to serve notice to produce refused; applicant to show cause regarding proposed vexatious proceedings orders.
Legal Topics
['vexatious Proceedings' 'abuse of Process' 'judicial Review' 'contempt of Court' 'administrative Law']
['civil Procedure'] ['vexatious Proceedings' 'abuse of Process' 'judicial Review' 'contempt of Court' 'administrative Law']

Case Brief

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Procedural Posture

Notice of Motion (court of Appeal/supreme Court of Nsw) / Determination in Chambers on Summarily Dismissing Motions as Vexatious and Abuse of Process, and Show Cause for Proposed Vexatious Proceedings Orders

Legal Issues

  1. 1 ['Whether the December 2016 and March 2017 motions filed by Mr Quach should be summarily dismissed as vexatious and an abuse of process' 'Whether the applicant should be prohibited from instituting further proceedings relating to the subject matter of previous NCAT decisions' 'Whether leave should be granted to serve a notice to produce regarding judicial assignment' 'Whether arguments for contempt of court and administrative arrangements for judge assignment have merit']

Ratio Decidendi

Mr Quach's repeated notices of motion sought to re-agitate matters already determined, challenged judicial assignments improperly, and raised unfounded allegations. No merit was found in any challenge or contempt allegations. Both December 2016 and March 2017 motions were summarily dismissed as vexatious and an abuse of process. Leave to serve notice to produce was refused. Applicant was ordered to show cause why orders under the Vexatious Proceedings Act should not be made.

Court Disposition

Both motions dismissed as vexatious and an abuse of process; leave to serve notice to produce refused; applicant to show cause regarding proposed vexatious proceedings orders.

Orders

  • ['Notice of motion filed 19 December 2016 dismissed as vexatious and an abuse of process.' 'Notice of motion filed 14 March 2017 dismissed as vexatious and an abuse of process.' 'Refuse leave to the applicant to serve the notice to produce dated 27 June 2017 directed to the third respondent.' 'Order that Michael...