Quach v RU [2023] FCA 1233

Federal Court of Australia

Quach v RU [2023] FCA 1233 Appeal from: Quach v RU [2019] FCA 2041 Quach v RU (No 2) [2020] FCA 957

File number(s): ACD 91 of 2019 ACD 93 of 2019 ACD 36 of 2020

Judgment of: WIGNEY J

Date of judgment: 16 October 2023

Date of publication: 23 October 2023

Catchwords: PRACTICE AND PROCEDURE – applications for leave to appeal three judgments – where the first judgment involved an interlocutory decision which had already been the subject of an unsuccessful application for leave to appeal – application dismissed on the basis that it is not permissible to make a second application for leave to appeal and that in any event the decision was not attended by sufficient doubt to warrant appellate intervention – where the second judgment involved an interlocutory decision in respect of a matter of practice and procedure – application dismissed on grounds that the proposed appeal grounds were unmeritorious and the applicant would not suffer injustice if the decision was wrong in any event – where the third judgment involved the dismissal of the substantive proceeding on the basis that the applicant's claims were not justiciable and the Court therefore had no jurisdiction – where question arose as to whether the judgment was interlocutory or final – referred to the Full Court for determination of whether leave to appeal required

Legislation: Constitution Federal Court of Australia Act 1976 (Cth) ss 24(1A), 31A, 37AH Judiciary Act 1903 (Cth) s 78B Service and Execution of Process Act 1992 (Cth) Federal Court Rules 2011 (Cth) rr 8.11-8.12, 26.01, 35.13-35.14 Health Care Complaints Act 1993 (NSW)