Quach v New South Wales Health Care Complaints Commission (No 6) [2017] NSWCA 183

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Quach v New South Wales Health Care Complaints Commission (No 6) [2017] NSWCA 183 Hearing dates: On the papers Decision date: 25 July 2017 Before: Gleeson JA at [1] Simpson JA at [59] Sackville AJA at [60] Decision: (1) Notice of motion filed 19 December 2016 dismissed as vexatious and an abuse of process.

(2) Notice of motion filed 14 March 2017 dismissed as vexatious and an abuse of process.

(3) Refuse leave to the applicant to serve the notice to produce dated 27 June 2017 directed to the third respondent.

(4) Order that Michael Quach, the applicant on the motions filed on 19 December 2016 and 14 March 2017 in proceeding 2015/158685, show cause why the following orders should not be made:

(a) Pursuant to the Vexatious Proceedings Act 2008 (NSW), s 8(7)(a), an order staying any further motions filed by Michael Quach and pending in proceeding 2015/158685 in the New South Wales Court of Appeal;

(b) Pursuant to the Vexatious Proceedings Act 2008 (NSW), s 8(7)(b), an order prohibiting Michael Quach from instituting proceedings in New South Wales relating to the subject matter of proceedings 1420086 and 1420065 in the New South Wales Civil and Administrative Tribunal, being proceedings entitled Health Care Complaints Commission v Quach, or relating to proceeding 2015/158685 in the New South Wales Court of Appeal;

(5) Direct that Michael Quach file any written submissions showing cause on or before 15 August 2017, such submissions not to exceed 15 pages in length.