Quach v Horvarth

[2022] NSWCA 49

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Quach v Horvarth [2022] NSWCA 49

Hearing dates:

28 March 2022

Date of orders:

28 March 2022

Decision date:

28 March 2022

Before:

Basten JA

Decision:

Dismiss the notice of appeal e-filed on 15 March 2022 as incompetent.

Catchwords:

PRACTICE AND PROCEDURE – vexatious proceedings order – prohibition on commencement of fresh proceedings in specified matters – judicial review application dismissed in a specified matter – fresh claim for damages based on unlawfulness of same conduct – claim dismissed under vexatious proceedings order – notice of appeal dismissed as incompetent under vexatious proceedings order

Legislation Cited:

Medical Practice Act 1992 (NSW), Sch 1, cl 11

Supreme Court Act 1970 (NSW), s 69

Vexatious Proceedings Act 2008 (NSW), ss 8, 13

Cases Cited:

Health Care Complaints Commission v Quach (No 2) [2015] NSWCATOD 32

Health Care Complaints Commission v Quach [2015] NSWCATOD 2

Quach v Health Care Complaints Commission [2016] NSWCA 49

Quach v Horvarth [2021] NSWSC 1401

Quach v New South Wales Health Care Complaints Commission [2016] NSWCA 10

Quach v New South Wales Health Care Complaints Commission; Quach v New South Wales Civil and Administrative Tribunal [2017] NSWCA 267

Category:

Procedural rulings

Parties:

Michael Van Thanh Quach (Applicant)
Professor John Horvarth (Respondent)

Representation:

Counsel:
Applicant unrepresented

Solicitors:
Applicant unrepresented

File Number(s):

2022/74091

 Decision under appeal 

Court or tribunal:

Supreme Court

Jurisdiction:

Common Law Division

Citation:

[2022] NSWSC 248

Date of Decision:

9 March 2022

Before:

Campbell J

File Number(s):

2021/123675

Judgment

1. BASTEN JA: In 1998 Mr Quach applied to the Medical Board of New South Wales for registration as a medical practitioner. He was academically qualified, but there was an issue as to whether he suffered from a mental impairment. It appears that he was registered as an intern in September 1999, subject to conditions.

2. On 19 January 1999, the President of the Medical Board, in accordance with the provisions of cl 11 of Sch 1 of the Medical Practice Act 1992 (NSW) (since repealed) advised that an inquiry would be held into the eligibility of Dr Quach to be registered under the provisions of the Act.

3. He subsequently commenced practice, but was the subject of complaints to the Health Care Complaints Commission. The Commission in turn filed notices of complaint with the Civil and Administrative Tribunal (NSW), Occupational Division, which was the successor to the Medical Tribunal. The complaints were upheld and, on 5 February 2015, the Tribunal made findings of unsatisfactory professional conduct and professional misconduct. ^[1] On 21 April 2015 the Tribunal ordered that Dr Quach’s registration be cancelled, providing further that there be no application for review for a period of seven years from that date. An order prohibiting him from providing any health service was made. ^[2]

   1. Health Care Complaints Commission v Quach [2015] NSWCATOD 2.

   2. Health Care Complaints Commission v Quach (No 2) [2015] NSWCATOD 32.

4. Mr Quach then commenced proceedings by way of summons in the…