Quach v New South Wales Civil and Administrative Tribunal (No 2)

The New South Wales Court of Appeal, constituted by Gleeson and Simpson JJA and Sackville AJA, considered applications by Michael Quach to re-open matters previously decided in judicial review proceedings. The applicant's notices of motion also challenged the jurisdiction and powers of the Court, as well as its administrative arrangements and officers.

The Court was required to determine whether the applicant's notices of motion should be dismissed as vexatious and an abuse of process. Furthermore, the Court considered whether orders should be made directing the applicant to show cause why he should not be prohibited from instituting or maintaining proceedings relating to the subject matter of the present proceedings.

The Court reasoned that the notices of motion were vexatious and an abuse of process, as they sought to re-litigate issues already determined and raised challenges to the Court's fundamental operations without merit. Applying principles relating to vexatious litigation, the Court dismissed the notices of motion. The Court also made orders requiring the applicant to show cause why he should not be prohibited from instituting further motions in the proceedings and from initiating new proceedings in New South Wales concerning the subject matter of the Tribunal and Court of Appeal matters. The applicant was directed to file written submissions by 15 August 2017.