Quach v Health Care Complaints Commission [2016] NSWCA 49

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Quach v Health Care Complaints Commission [2016] NSWCA 49 Hearing dates: 9 March 2016 Decision date: 21 March 2016 Before: Meagher JA Decision: 1. Paragraph 3 of Mr Quach's notice of motion filed 21 October 2015 dismissed. 2. Mr Quach's notice of motion filed 28 January 2016 dismissed. 3. Mr Quach's notice of motion filed 1 March 2016 dismissed. 4. Order that the copy of Mr Quach's amended notice of motion stamped 'received' by the Court on 16 February 2016 not be accepted for filing. 5. Order Mr Quach pay the costs of the applications in orders 1, 2, 3 and 4 above. 6. Set aside Mr Quach's notice to produce filed 22 February 2016. 7. Otherwise dismiss the Commission's notice of motion filed 4 March 2016. 8. Direct the Registrar, should Mr Quach file any further notice of motion in these proceedings (other than an application seeking a review of this decision), to vacate the return date of that motion, notify the parties and refer the papers to a judge nominated by the President to determine, in chambers, whether the Court should fix a new return date and notify the parties of that date, or whether Mr Quach should be invited to show cause in writing why the Court should not in chambers summarily dismiss the application as vexatious and an abuse of process. 9. Order Mr Quach pay the Commission's costs of its motions filed 22 February 2016 and 4 March 2016. Catchwords: ADMINISTRATIVE LAW – notices of motion seeking judicial review – where Court of Appeal has dismissed amended summons in underlying proceeding – where present applications not commenced by separate summons – where maker of decision to be reviewed not joined as party – motions dismissed