Quach v New South Wales Civil and Administrative Tribunal

1. [1]

   GLEESON JA: Application is made by Mr Michael Van Thanh Quach by notice of motion filed 1 April 2019 to set aside a vexatious proceedings order made by the Court on 20 October 2017 in proceedings 2015/158685 [1] . That order was made under s 8(7)(a) and (b) of the Vexatious Proceedings Act 2008 (NSW).

2. [2]

   Notwithstanding the dismissal of two previous applications by Mr Quach to set aside the vexatious proceedings order, Mr Quach’s present application raises the same contention as advanced in support of his previous applications. The Court has explained in its previous judgments given on 9 August 2018 [2] and on 20 March 2019 [3] why there is no merit in Mr Quach’s contention that this Court, when making the order on 20 October 2017, was not properly convened because one of the members of the Court, Sackville AJA, exceeded the age of 70 years. It is not necessary to repeat that explanation here.

3. [3]

   Since the present application is not materially different from Mr Quach’s earlier unsuccessful applications to set aside the vexatious proceedings order, the Court may decline to consider the application. [4] That is the appropriate course here.

4. [4]

   Mr Quach also filed a further notice of motion on 23 April 2019 seeking to review the decision of Registrar Riznyczok on 8 April 2019 to decline to direct the respondents to file and serve written submissions in response to his application. The respondents are the New South Wales Civil and Administrative Tribunal and the New South Wales Health Care Complaints Commission. That notice of motion should be dismissed. First, the filing of that motion was precluded by the terms of the vexatious proceedings order made on 20 October 2017, and Mr Quach had not sought or obtained a variation of such order [5] to permit the filing of the motion. Second, and in any event, there is no conceivable basis for doubting the correctness of the procedural direction given by the Registrar. There was no utility in directing the respondents to spend time and incur costs in preparing submissions in relation to an application entirely without merit.

Orders

1. [5]

   Accordingly, I propose the following notation and order:

   1. (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. (2)

      Dismiss the notice of motion filed 23 April 2019.

2. [6]

   LEEMING JA: I agree with Gleeson JA.

3. [7]

   McCALLUM JA: I agree with Gleeson JA.