Quach v New South Wales Health Care Complaints Commission (No 6)

[2017] NSWCA 183

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Vexatious proceedings
3. › Abuse of process
4. › Repeated motions seeking to re-litigate matters already determined
5. › Summary dismissal in chambers pursuant to Teoh Order
6. › Whether applicant shown cause why motions should not be dismissed as vexatious and abuse of process
1. Practice and Procedure
2. › Vexatious proceedings
3. › Vexatious proceedings orders
4. › Whether court should direct applicant to show cause why orders should not be made prohibiting institution of further proceedings
5. › Vexatious Proceedings Act 2008 (NSW), ss 8(7)(a), 8(7)(b)
1. Practice and Procedure
2. › Courts
3. › Assignment of judges
4. › Whether litigant may challenge assignment of particular judge to hear case
5. › Supreme Court Act 1970 (NSW), s 39
1. Practice and Procedure
2. › Notice to produce
3. › Leave to serve
4. › Whether legitimate forensic purpose served
5. › Uniform Civil Procedure Rules 2005 (NSW), r 34.1

Quick Take

Motions that seek to re-litigate matters already determined by the Court will be dismissed as vexatious and an abuse of process under the Teoh Order procedure. A litigant cannot challenge the assignment of a particular judge to hear a case, whether the assignment was made under s 39 of the Supreme Court Act 1970 (NSW) or the court's inherent power. Persistent filing of meritless motions may lead to vexatious proceedings orders under the Vexatious Proceedings Act 2008 (NSW).