Quach v Civil and Administrative Tribunal of New South Wales

[2022] NSWSC 1091

Supreme Court of NSW

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. APPEAL — Procedure — Vexatious litigant — Purported appeal to the Supreme Court from decision of the Appeal Panel of the New South Wales Civil and Administrative Tribunal dismissing appeal from a profession decision of the Occupational Division — No right of appeal to Appeal Panel of NCAT from a profession decision of the Occupational Division — In dismissing appeal the Appeal Panel did not have to be constituted in accordance with s 165B of the Health Practitioners Regulation National Law (NSW).
1. APPEAL — Purported appeal to the Supreme Court from decision of Appeal Panel dismissing an appeal from a profession decision of the Occupational Division of NCAT — Whether order of the Court of Appeal under the Vexatious Proceedings Act 2008 (NSW) prohibiting plaintiff instituting proceedings stayed because of institution of appeal against the dismissal of an appeal to the Appeal Panel from a profession decision of the Occupational Division of NCAT — No stay.
1. CIVIL PROCEDURE — Vexatious litigant — Institution of proceedings without leave — Proceedings stayed from institution and taken to be dismissed after 28 days if not ordered to be dismissed earlier by operation of s 13 of the Vexatious Proceedings Act 2008 (NSW) — Declaratory orders made formally recording dismissal under the statute.
1. CIVIL PROCEDURE — Recusal for Bias — Apprehended bias — Mere fact of being President of NCAT at the time of the decisions appealed against does not provide a basis to conclude that a fair-minded lay observer, being aware of ordinary judicial practice, might reasonably apprehend that a former President might not bring an impartial mind to the resolution of an appeal from those decisions.