Quach v Health Care Complaints Commission

The proceedings involved Mr Quach seeking judicial review of a decision made by the Health Care Complaints Commission. The applications were brought by way of notices of motion, rather than a separate summons, and the decision-maker was not joined as a party. The Court of Appeal considered these applications in light of the dismissal of the underlying proceeding by the Court.

The primary legal issues before the Court were whether the applications for judicial review had been properly commenced and whether the Court should make orders in terms of the principles established in *Teoh v Hunters Hill Council (No 4)* [2011] NSWCA 324. The Court also had to determine the appropriate course of action regarding the various notices of motion filed by Mr Quach and a notice to produce.

Meagher JA dismissed Mr Quach's notices of motion filed on 21 October 2015, 28 January 2016, and 1 March 2016. The Court further ordered that a copy of Mr Quach’s amended notice of motion, stamped ‘received’ on 16 February 2016, not be accepted for filing. The Court also set aside Mr Quach’s notice to produce filed on 22 February 2016 and otherwise dismissed the Commission’s notice of motion filed on 4 March 2016. Mr Quach was ordered to pay the costs of these applications. Additionally, the Registrar was directed to take specific steps regarding any future notices of motion filed by Mr Quach, including vacating return dates and referring papers to a judge to determine whether to fix a new date or invite Mr Quach to show cause why the application should not be summarily dismissed as vexatious and an abuse of process.