Quach v New South Wales Civil and Administrative Tribunal [2019] NSWCA 200

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Quach v New South Wales Civil and Administrative Tribunal [2019] NSWCA 200 Hearing dates: 13 August 2019 (on the papers) Decision date: 15 August 2019 Before: Gleeson JA at [1] Leeming JA at [6] McCallum JA at [7] Decision: (1) Note that pursuant to s 9(4) of the Vexatious Proceedings Act 2008 (NSW), the Court declines to consider the notice of motion filed 1 April 2019 seeking to set aside the vexatious proceedings order made on 20 October 2017.

(2) Dismiss the notice of motion filed 23 April 2019. Catchwords: JUDGMENTS AND ORDERS – Court of Appeal – third application to set aside vexatious proceedings order – where applicant seeks to re-agitate matters already decided in judicial review proceedings – no new matter raised – where Court may decline to consider the application – Vexatious Proceedings Act 2008 (NSW), s 9(4) Legislation Cited: Commonwealth Constitution, s 72 Vexatious Proceedings Act 2008 (NSW), ss 8, 9 Cases Cited: Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and Administrative Tribunal [2017] NSWCA 267 Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and Administrative Tribunal [2018] NSWCA 175 Quach v New South Wales Civil and Administrative Tribunal [2019] NSWCA 49 Category: Principal judgment Parties: Michael Quach (Applicant) NSW Civil and Administrative Tribunal (First Respondent) NSW Health Care Complaints Commission (Second Respondent) Representation: Counsel: Self-represented (Applicant)