Quach v New South Wales Civil and Administrative Tribunal [2019] NSWCA 200

Quach v New South Wales Civil and Administrative Tribunal [2019] NSWCA 200

The applications raise no new arguments and re-agitate previously dismissed matters. The Court, pursuant to s 9(4) of the Vexatious Proceedings Act 2008 (NSW), declines to consider the application to set aside the vexatious proceedings order and dismisses the notice of motion relating to the procedural direction of the Registrar as lacking merit and precluded by the existing order.

Parties
Applicant: Michael Quach; First Respondent: NSW Civil and Administrative Tribunal; Second Respondent: NSW Health Care Complaints Commission
Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Notice of Motion / Court of Appeal Decision on Applications to Set Aside Vexatious Proceedings Order
Outcome
Application declined and dismissed
Legal Topics
Vexatious Proceedings, Setting Aside Court Orders, Jurisdictional Errors
Civil Procedure Judicial Review Vexatious Proceedings Setting Aside Court Orders Jurisdictional Errors

Case Brief

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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 / Court of Appeal Decision on Applications to Set Aside Vexatious Proceedings Order

Legal Issues

  1. 1 Whether the Court was properly convened when making the vexatious proceedings order because one member allegedly exceeded the age limit
  2. 2 Whether previous applications to set aside the order preclude the current application under Vexatious Proceedings Act 2008 (NSW), s 9(4)
  3. 3 Whether notice of motion filed 23 April 2019 to review Registrar’s direction should be dismissed

Ratio Decidendi

The applications raise no new arguments and re-agitate previously dismissed matters. The Court, pursuant to s 9(4) of the Vexatious Proceedings Act 2008 (NSW), declines to consider the application to set aside the vexatious proceedings order and dismisses the notice of motion relating to the procedural direction of the Registrar as lacking merit and precluded by the existing order.

Court Disposition

Application declined and dismissed

Orders

  • Note that pursuant to s 9(4) of the Vexatious Proceedings Act 2008 (NSW), the Court declines to consider the notice of motion filed 1 April 2019 seeking to set aside the vexatious proceedings order made on 20 October 2017.
  • Dismiss the notice of motion filed 23 April 2019.