Quach v Civil and Administrative Tribunal of New South Wales [2022] NSWSC 1091

Quach v Civil and Administrative Tribunal of New South Wales [2022] NSWSC 1091

The proceedings commenced by the summons related to the subject matter of NCAT proceedings 1420086 and 1420065 and therefore fell within order (5) of the Court of Appeal's vexatious proceedings orders. The plaintiff had not obtained leave under the Vexatious Proceedings Act 2008 (NSW). No appeal provision stayed those vexatious proceedings orders: cl 14(5) of Sch 6 to the Civil and Administrative Tribunal Act 2013 (NSW) applied to the Guardianship Division, not the Occupational Division, and the applicable provisions did not stay the relevant decisions. Accordingly the proceedings were instituted in contravention of s 13(1), were stayed from filing, and were taken to have been dismissed...

Jurisdiction
Australia
Judgment Date
16 August 2022
Procedural Posture
Purported Appeal to the Supreme Court From a Decision of the Appeal Panel of the Civil and Administrative Tribunal of New South Wales / On the Papers; Determination of Whether Proceedings Instituted Without Leave Were Stayed and Taken to Be Dismissed Under S 13 of the Vexatious Proceedings Act 2008 (nsw), With Recusal Application Addressed in Addendum
Outcome
Declaratory orders made that the proceedings are proceedings to which s 13(2) and (3) of the Vexatious Proceedings Act 2008 (NSW) apply and are taken to have been dismissed; plaintiff ordered to pay the defendants' costs; recusal application declined.
Legal Topics
['vexatious Proceedings' 'ncat Appeals' 'profession Decisions' 'stay of Proceedings' 'apprehended Bias' 'recusal']
['civil Procedure' 'administrative Law' 'health Practitioner Regulation' 'constitutional Law'] ['vexatious Proceedings' 'ncat Appeals' 'profession Decisions' 'stay of Proceedings' 'apprehended Bias' 'recusal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Purported Appeal to the Supreme Court From a Decision of the Appeal Panel of the Civil and Administrative Tribunal of New South Wales / On the Papers; Determination of Whether Proceedings Instituted Without Leave Were Stayed and Taken to Be Dismissed Under S 13 of the Vexatious Proceedings Act 2008 (nsw), With Recusal Application Addressed in Addendum

Legal Issues

  1. 1 ["Whether the summons filed on 16 December 2021 instituted proceedings falling within the Court of Appeal's vexatious proceedings order concerning NCAT proceedings 1420086 and 1420065." 'Whether the plaintiff had obtained leave under the Vexatious Proceedings Act 2008 (NSW) to institute the proceedings.' "Whether any appeal or statutory provision stayed the Court of Appeal's vexatious proceedings order." 'Whether the purported internal appeal to the NCAT Appeal Panel from Occupational Division profession decisions was competent.' 'Whether the Notice of Constitutional Matter raised a matter arising under the Constitution.' 'Whether Wright J should recuse himself for apprehended bias because he had formerly been President of NCAT.']

Ratio Decidendi

The proceedings commenced by the summons related to the subject matter of NCAT proceedings 1420086 and 1420065 and therefore fell within order (5) of the Court of Appeal's vexatious proceedings orders. The plaintiff had not obtained leave under the Vexatious Proceedings Act 2008 (NSW). No appeal provision stayed those vexatious proceedings orders: cl 14(5) of Sch 6 to the Civil and Administrative Tribunal Act 2013 (NSW) applied to the Guardianship Division, not the Occupational Division, and the applicable provisions did not stay the relevant decisions. Accordingly the proceedings were instituted in contravention of s 13(1), were stayed from filing, and were taken to have been dismissed...

Court Disposition

Declaratory orders made that the proceedings are proceedings to which s 13(2) and (3) of the Vexatious Proceedings Act 2008 (NSW) apply and are taken to have been dismissed; plaintiff ordered to pay the defendants' costs; recusal application declined.

Orders

  • ['An order declaring that the proceedings commenced by the filing of the summons on 16 December 2021 (the Proceedings) are proceedings to which s 13(2) and (3) of the Vexatious Proceedings Act 2008 (NSW) apply.' 'An order declaring that the Proceedings are taken to have been dismissed on 14 January 2022 by operation...