Quach v Marks [2020] NSWSC 524

Supreme Court New South Wales

Medium Neutral Citation: Quach v Marks [2020] NSWSC 524 Hearing dates: 11 May 2020 Date of orders: 11 May 2020 Decision date: 11 May 2020 Jurisdiction: Common Law Before: Fagan J Decision: (1) Leave is granted to the Attorney General to file in court the notice of motion seeking leave to be joined as second defendant to the proceedings and the affidavit in support affirmed by Ms Tram Nguyen on 11 May 2020. (2) Declare that the proceeding commenced by the filing of the plaintiff's summons herein has been instituted in contravention of s 13(1) of the Vexatious Proceedings Act 2008 (NSW), by reason of order (5) made by the Court of Appeal on 20 October 2017 in proceeding entitled Quach v NSW Health Care Complaints Commission 2015/158685. (3) Declare that these proceedings have been stayed by force of s 13(2) of the Vexatious Proceedings Act 2008 (NSW) from their inception and are taken to have been dismissed with effect from 30 March 2020. (4) Order that the plaintiff pay the defendant's costs of the proceeding and the Attorney General's costs of his application by notice of motion filed 11 May 2020 to be joined as second defendant to the summons. Catchwords: CIVIL PROCEDURE – parties – vexatious litigants – leave to institute proceedings refused Legislation Cited: Vexatious Proceedings Act 2008 (NSW) Cases Cited: Quach v Health Care Complaints Commission [2020] NSWSC 523 Health Care Complaints Commission v Quach [2015] NSWCATOD 2 Health Care Complaints Commission v Quach (No 2) [2015] NSWCATOD 32 Category: Procedural and other rulings Parties: Michael Quach (plaintiff) Francis Marks (defendant) Representation: Counsel: N/A N/A