Quach v Health Care Complaints Commission (No 2) [2015] NSWCA 311

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Quach v Health Care Complaints Commission (No 2) [2015] NSWCA 311 Hearing dates: On the papers Decision date: 08 October 2015 Before: Meagher JA Decision: 1. Order the plaintiff pay the second defendant's costs of the notices of motion filed on 4 May 2015 and 23 June 2015, assessed on the ordinary basis up to and including 18 June 2015 and thereafter on an indemnity basis. Catchwords: COSTS – costs assessed on an indemnity basis – where order against litigant in person – where litigant in person notified that claimed interlocutory relief misconceived and unlikely to succeed Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Civil and Administrative Tribunal Act 2013 (NSW) Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), r 42.2 Cases Cited: Bhagat v Royal and Sun Alliance Life Assurance Australia Ltd [2000] NSWSC 159 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Martin v State of New South Wales (No 6) [2011] NSWCA 281 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Quach v New South Wales Civil and Administrative Tribunal [2015] NSWCA 63 Reimers v Health Care Complaints Commission [2013] NSWCA 366 Category: Procedural and other rulings Parties: Michael Van Thanh Quach (Plaintiff) New South Wales Civil and Administrative Tribunal (First Defendant) Health Care Complaints Commission (Second Defendant) Attorney General of New South Wales (Third Defendant) Representation: Counsel: K Richardson (Second Defendant) B Lim (Third Defendant)