Quach v New South Wales Crown Solicitor [2017] NSWSC 991

Supreme Court New South Wales

Medium Neutral Citation: Quach v New South Wales Crown Solicitor [2017] NSWSC 991 Hearing dates: 25 July 2017 Date of orders: 26 July 2017 Decision date: 26 July 2017 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The Summons filed by the plaintiff dated 12 July 2017 is dismissed.

(2) The plaintiff is to pay the defendant's costs associated with the Summons. Catchwords: ADMINISTRATIVE LAW – prohibition order sought against Crown Solicitor appearing for the New South Wales Health Care Complaints Commission in the ACT Supreme Court – whether Crown Solicitor had standing to appear – order sought not granted – abuse of process where order sought is in effect the same as an order refused by this Court Legislation Cited: Health Care Complaints Act 1993 (NSW) ss 99A, 100 Legal Profession Uniform Law Application Act 2014 (NSW) s 44 Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 29.1 Uniform Civil Procedure Rules 2005 (NSW) rr 13.4, 14.28 Cases Cited: Annetts v McCann (1990) 170 CLR 596; [1990] HCA 57 Batistatos v Roads & Traffic Authority of New South Wales (2006) 226 CLR 256; [2006] HCA 27 Quach v New South Wales Crown Solicitor [2017] NSWSC 904 Category: Principal judgment Parties: Dr Michael Van Thanh Quach (Plaintiff) New South Wales Crown Solicitor (Defendant) Representation: Counsel: B Thomson (Defendant)

Solicitors: Dr Quach, self-represented (Plaintiff) Crown Solicitor's Office (Defendant) File Number(s): 2017/211987 Publication restriction: Nil