Quach v Horvarth [2022] NSWSC 248

Supreme Court New South Wales

Medium Neutral Citation: Quach v Horvarth [2022] NSWSC 248 Hearing dates: 9 March 2022 Date of orders: 14 March 2022 Decision date: 14 March 2022 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 13(4) Vexatious Proceedings Act 2008 (NSW), declare that the plaintiff's appeal instituted by Notice of Motion filed on 8 November 2021 is a proceeding to which subsections (2) and (3) of s 13 of the said Act apply and accordingly the appeal is taken to have been dismissed by the Court upon the expiration of the period of 28 days after 8 November 2021; (2) For clarity, vacate the hearing date of 28 April 2022; (3) The plaintiff is to pay the defendant's costs of the appeal; (4) The plaintiff is to pay the Medical Council's costs of his Notice of Motion filed on 16 February 2022; (5) Liberty to apply for a special costs order within 14 days of today; (6) Each of the Notices of Motion referred to in [10] of this judgment are otherwise dismissed. Catchwords: CIVIL PROCEDURE – summary disposal – dismissal of proceedings – frivolous or vexatious proceedings – order in place pursuant to Vexatious Proceedings Act 2008 – appeal without leave sought – contravention of vexatious proceedings order – appeal dismissed Legislation Cited: Health Care Complaints Act 1993 (NSW), s 99A Health Practitioner Regulation National Law (NSW), s 138 Supreme Court Act 1970 (NSW), s 75A Supreme Court Rules 1970 (NSW), Part 60, r 17 Uniform Civil Procedure Rules 2005 (NSW), rr 21.10, 34.1, 49.4, 49.8 Vexatious Proceedings Act 2008 (NSW), ss 4, 13, 16 Cases Cited: Health Care Complaints Commission v Quach [2015] NSWCATOD 2 Health Care Complaints Commission v Quach (No 2) [2015] NSWCATOD 32 Kruger v Commonwealth of Australia (1997) 190 CLR 1; [1997] HCA 27 Quach v Health Care Complaints Commission [2016] NSWCA 49 Quach v Horvarth [2021] NSWSC 1401 Quach v Horvath (No 2) [2022] NSWSC 55 Quach v New South Wales Health Care Complaints Commission [2016] NSWCA 10 Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and Administrative Tribunal [2017] NSWCA 267 Spencer Motors Pty Ltd v LNC Industries Ltd [1982] 2 NSWLR 921 Wickstead v Browne (1992) 30 NSWLR 1 Texts Cited: Medical Practice Act 1992 (NSW) (Repealed) Category: Procedural rulings Parties: Michael Van Thanh Quach (Plaintiff) John Horvarth (Defendant) Representation: Counsel: Michael Quach (Plaintiff in person) D Hume (Defendant) J Gatland (Third Party, Medical Council of NSW)