Quach v Health Care Complaints Commission [2016] NSWCA 49

Quach v Health Care Complaints Commission [2016] NSWCA 49

The notices of motion were dismissed because the proposed judicial review claims could not properly be brought by motion in the existing proceedings after the amended summons had been dismissed, were not commenced by separate summons, and failed to join the relevant decision-makers. The Court had no jurisdiction to judicially review its own earlier decision, no basis existed for a stay of NCAT orders or for removal of registration conditions, and the attempted filing of the amended motion was contrary to the Registrar's order upheld by the Court. Because the substantive applications to which the notice to produce related had been dismissed, the notice to produce was set aside. Given Mr...

Jurisdiction
Australia
Judgment Date
21 March 2016
Procedural Posture
Notices of Motion in Court of Appeal Supervisory Jurisdiction Proceedings Seeking Judicial Review / Procedural Ruling After Dismissal of Amended Summons
Outcome
Mr Quach's motions were dismissed, his attempted amended motion was not accepted for filing, his notice to produce was set aside, Teoh-style directions were made for any further notice of motion, and costs were ordered against Mr Quach.
Legal Topics
['judicial Review' 'notices of Motion' 'joinder of Decision Maker' 'abuse of Process' 'notice to Produce' 'inherent Power']
['administrative Law' 'civil Procedure'] ['judicial Review' 'notices of Motion' 'joinder of Decision Maker' 'abuse of Process' 'notice to Produce' 'inherent Power']

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Procedural Posture

Notices of Motion in Court of Appeal Supervisory Jurisdiction Proceedings Seeking Judicial Review / Procedural Ruling After Dismissal of Amended Summons

Legal Issues

  1. 1 ["Whether Mr Quach's applications for judicial review could be brought by notices of motion in the existing proceedings after the amended summons had been dismissed." 'Whether the Court of Appeal could grant judicial review of its own decision of 10 February 2016 or stay the NCAT orders because of a complaint to the Judicial Commission of New South Wales.' "Whether the copy of the amended notice of motion stamped 'received' on 16 February 2016 should be accepted for filing." "Whether Mr Quach's notice to produce filed 22 February 2016 should be set aside." 'Whether the Court should make orders of the kind made in Teoh v Hunters Hill Council (No 4) [2011] NSWCA 324 to prevent abuse of process.']

Ratio Decidendi

The notices of motion were dismissed because the proposed judicial review claims could not properly be brought by motion in the existing proceedings after the amended summons had been dismissed, were not commenced by separate summons, and failed to join the relevant decision-makers. The Court had no jurisdiction to judicially review its own earlier decision, no basis existed for a stay of NCAT orders or for removal of registration conditions, and the attempted filing of the amended motion was contrary to the Registrar's order upheld by the Court. Because the substantive applications to which the notice to produce related had been dismissed, the notice to produce was set aside. Given Mr...

Court Disposition

Mr Quach's motions were dismissed, his attempted amended motion was not accepted for filing, his notice to produce was set aside, Teoh-style directions were made for any further notice of motion, and costs were ordered against Mr Quach.

Orders

  • ["Paragraph 3 of Mr Quach's notice of motion filed 21 October 2015 dismissed." "Mr Quach's notice of motion filed 28 January 2016 dismissed." "Mr Quach's notice of motion filed 1 March 2016 dismissed." "Order that the copy of Mr Quach's amended notice of motion stamped 'received' by the Court on 16 February 2016 not...