Quach, In the matter of an application for leave to issue or file a document

[2018] HCATrans 049

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
Sydney No S241 of 2017

No S242 of 2017

In the matters of -
an application by MICHAEL VAN THANH QUACH for leave to issue or file a document

KEANE J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 21 MARCH 2018, AT 9.30 AM

HIS HONOUR: For the reasons that I now publish, I refuse these applications. I instruct that the reasons as published are incorporated into the transcript.

On 1 August 2017, the applicant sought to file two applications for special leave to appeal against a decision of the Court of Appeal of the Supreme Court of New South Wales delivered on 24 March 2015. On 21 August 2017, Bell J directed the Registrar of this Court to refuse to issue or file the documents without the leave of a Justice first had and obtained[1].
[1]High Court Rules 2004 (Cth), r 6.07.2.

On 22 September 2017, the applicant applied for leave to file and issue the applications for special leave to appeal dated 1 August 2017.

The applicant has previously been refused special leave to appeal from the judgment of the Court of Appeal[2]. Subsequently, on 9 May 2016, Nettle J refused the applicant leave to file two further applications for special leave to appeal from the judgment of the Court of Appeal[3]. On 11 November 2016, Kiefel J (as her Honour then was) and I refused the applicant leave to appeal against the decision of Nettle J[4]. On 21 November 2016, the applicant sought to file two further applications for special leave to appeal against the judgment of the Court of Appeal, and again the applicant was refused leave to issue and file the applications[5].
[2][2015] HCASL 131.
[3][2016] HCATrans 104.
[4][2016] HCASL 284 and [2016] HCASL 285.
[5]Matter No S281 of 2016 and Matter No S282 of 2016.

The further applications for special leave to appeal currently before the Court are an abuse of the process of the Court, and for that reason leave to issue the proceeding is in each case refused.

The Court will now adjourn until 9.45 am.

AT 9.30 AM THE MATTER WAS CONCLUDED

CaseChat Overview and Summary

The applicant, Michael Van Thanh Quach, sought leave from the High Court of Australia to issue or file two applications for special leave to appeal against a decision of the Court of Appeal of the Supreme Court of New South Wales. This application followed a series of previous unsuccessful attempts by the applicant to appeal the same judgment.

The primary legal issue before the High Court was whether to grant the applicant leave to file the applications for special leave to appeal, given his history of repeated, unsuccessful applications concerning the same matter. The Court was required to consider whether these further applications constituted an abuse of process.

The Court reasoned that the applicant's repeated attempts to seek special leave to appeal the same judgment, after having been refused on multiple prior occasions by different Justices of the High Court, amounted to an abuse of the Court's process. Consequently, the Court refused the applications for leave to issue and file the documents.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established