Quach v New South Wales Civil and Administrative Tribunal

In the matter of *Quach v New South Wales Civil and Administrative Tribunal*, Gleeson, Leeming and McCallum JJA of the Court of Appeal of New South Wales considered an application by Mr Quach to set aside a vexatious proceedings order made against him. This was the fourth such application brought by Mr Quach. The proceedings also involved an allegation by Mr Quach that the enforcement of a costs order against him constituted contempt of court, in breach of an undertaking allegedly given to the Court.

The Court was required to determine whether Mr Quach's application to set aside the vexatious proceedings order was an abuse of process. It also had to consider whether the enforcement of the costs order amounted to contempt of court, particularly in light of the absence of leave sought to bring such proceedings. Furthermore, the Court was asked to determine whether the proceedings involved a matter arising under the Constitution or involving its interpretation, necessitating a stay for the giving of notices under section 78B of the *Judiciary Act 1903* (Cth), given Mr Quach's assertion of the invalidity of the *Vexatious Proceedings Act 2008* (NSW) by reason of section 109 of the Constitution.

The Court reasoned that Mr Quach's application to set aside the vexatious proceedings order was a clear abuse of process, given its repetitive nature and the lack of any new material or arguments. Regarding the contempt allegation, the Court found no basis for it, noting that no leave had been sought to bring proceedings for contempt. The Court also determined that Mr Quach's contention regarding section 109 of the Constitution was frivolous and unarguable, and therefore there was no obligation to stay the proceedings to allow for section 78B notices to be given.

Consequently, the Court ordered that the notice of motion filed on 10 February 2020 be dismissed as an abuse of process, and that Mr Quach pay the costs of the second respondent (HCCC) of the motion.