Quach v New South Wales Health Care Complaints Commission (No 5) [2016] NSWCA 366

Quach v New South Wales Health Care Complaints Commission (No 5) [2016] NSWCA 366

The October 2016 motion repeated matters already determined or raised no basis for setting aside the earlier decisions. Mr Quach's review of Quach (No 2) had already been determined in Quach (No 3), the Court's costs power derived from s 98 of the Civil Procedure Act 2005 (NSW), and the later motions were properly dealt with in chambers under the Teoh Order. Mr Quach had not demonstrated any reason why the motion should not be dismissed as vexatious or an abuse of process.

Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Notice of Motion in Court of Appeal Proceedings / On the Papers; Determination in Chambers Whether the October 2016 Motion Should Be Summarily Dismissed as Vexatious and an Abuse of Process
Outcome
Motion dated 26 October 2016 dismissed as vexatious and an abuse of process.
Legal Topics
['teoh Order' 'vexatious Application' 'abuse of Process' 'summary Dismissal' 'review of Prior Court of Appeal Decision' 'costs Power']
['practice and Procedure' 'civil Procedure'] ['teoh Order' 'vexatious Application' 'abuse of Process' 'summary Dismissal' 'review of Prior Court of Appeal Decision' 'costs Power']

Case Brief

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Procedural Posture

Notice of Motion in Court of Appeal Proceedings / On the Papers; Determination in Chambers Whether the October 2016 Motion Should Be Summarily Dismissed as Vexatious and an Abuse of Process

Legal Issues

  1. 1 ['Whether Mr Quach had shown cause in writing why the 26 October 2016 motion should not be summarily dismissed as vexatious and an abuse of process.' "Whether the October 2016 motion could seek a further review or nullification of Meagher JA's decision in Quach (No 2)." "Whether the Court lacked power to determine Mr Quach's notices of motion dated 6 June 2016, 26 July 2016 and 16 August 2016 in chambers under the Teoh Order." 'Whether the absence of a costs power in the Health Care Complaints Commission Act 1993 (NSW) made costs orders in favour of the Commission null.']

Ratio Decidendi

The October 2016 motion repeated matters already determined or raised no basis for setting aside the earlier decisions. Mr Quach's review of Quach (No 2) had already been determined in Quach (No 3), the Court's costs power derived from s 98 of the Civil Procedure Act 2005 (NSW), and the later motions were properly dealt with in chambers under the Teoh Order. Mr Quach had not demonstrated any reason why the motion should not be dismissed as vexatious or an abuse of process.

Court Disposition

Motion dated 26 October 2016 dismissed as vexatious and an abuse of process.

Orders

  • ['Motion dated 26 October 2016 dismissed as vexatious and an abuse of process.']