Quach v Horvarth [2022] NSWCA 49

Quach v Horvarth [2022] NSWCA 49

The notice of appeal was incompetent because the subject matter was covered by the 2017 vexatious proceedings order, which prohibited any further proceedings in New South Wales relating to those matters, and no relevant exception applied.

Jurisdiction
Australia
Judgment Date
28 March 2022
Procedural Posture
Notice of Appeal / Court of Appeal Determination
Outcome
Notice of appeal dismissed as incompetent
Legal Topics
['vexatious Proceedings Order' 'prohibition on Commencement of Fresh Proceedings' 'judicial Review' 'notice of Appeal Dismissal']
['practice and Procedure'] ['vexatious Proceedings Order' 'prohibition on Commencement of Fresh Proceedings' 'judicial Review' 'notice of Appeal Dismissal']

Case Brief

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Procedural Posture

Notice of Appeal / Court of Appeal Determination

Legal Issues

  1. 1 ['Whether the notice of appeal against the Supreme Court judgment is incompetent due to a vexatious proceedings order prohibiting fresh proceedings in specified matters']

Ratio Decidendi

The notice of appeal was incompetent because the subject matter was covered by the 2017 vexatious proceedings order, which prohibited any further proceedings in New South Wales relating to those matters, and no relevant exception applied.

Court Disposition

Notice of appeal dismissed as incompetent

Orders

  • ['Dismiss the notice of appeal e-filed on 15 March 2022 as incompetent.']