Quach v New South Wales Civil and Administrative Tribunal (No 2)

[2017] NSWCA 182

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Abuse of process
3. › Re-litigation of matters already determined
4. › Notices of motion seeking to re-open judicial review proceedings already dismissed
5. › Whether motions should be summarily dismissed as vexatious and an abuse of process
1. Practice and Procedure
2. › Vexatious litigants and proceedings
3. › Power to make vexatious proceedings orders
4. › Whether court should direct applicant to show cause why vexatious proceedings orders should not be made
5. › Vexatious Proceedings Act 2008 (NSW), ss 8(7)(a), 8(7)(b)
1. Practice and Procedure
2. › Recusal and disqualification
3. › Apprehended bias
4. › Whether judge disqualified by reason of having sat on previous unsuccessful applications by same litigant
5. › Whether litigant can dictate composition of bench by bringing repeated applications
1. Practice and Procedure
2. › Court administration
3. › Allocation of judges to cases
4. › Whether litigant may challenge intra-curial arrangements for allocation of judges
5. › Supreme Court Act 1970 (NSW), s 39

Quick Take

Motions seeking to re-litigate claims for judicial review already determined by the Court of Appeal and the High Court are vexatious and an abuse of process, and may be summarily dismissed on the papers without requiring respondent participation. The definition of 'senior judicial officer' in Health Practitioner Regulation National Law (NSW), s 165, does not affect the delegation of powers to a Court of Appeal Registrar under s 13 of the Civil Procedure Act 2005 (NSW). A litigant cannot dictate the composition of a bench by bringing repeated applications and then seeking recusal of judges who have previously heard the litigant's matters.