Quach, In the matter of an application for leave to issue a proceeding

This matter concerned an application by Michael Van Thanh Quach for leave to issue further proceedings in the High Court of Australia. The applicant had previously had two applications for special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of New South Wales dismissed by Bell and Gageler JJ on 13 August 2015. The applicant then sought to file two further applications for special leave to appeal from the same judgment, which the Registrar, pursuant to rule 6.07.2 of the High Court Rules 2004 (Cth), had refused to issue or file. The current application sought leave for the Registrar to issue or file these second applications.

The primary legal issue before the High Court was whether to grant the applicant leave for the Registrar to issue or file the second applications for special leave to appeal. This required the Court to consider the nature of the second applications and whether they met the threshold for being issued or filed.

The Court determined that the second applications for special leave to appeal were, on their face, frivolous, vexatious, and outside the jurisdiction of the High Court. Applying this assessment, the Court refused the applicant's request for leave for the Registrar to issue or file the second applications.