Quach v New South Wales Health Care Complaints Commission (No 4)

The applicant, Quach, sought to bring further motions before the New South Wales Court of Appeal following an earlier order made in terms of *Teoh v Hunters Hill Council* (No 4) (2011) 81 NSWLR 771. The Health Care Complaints Commission, the respondent, sought the dismissal of these subsequent motions on the grounds that they were vexatious and an abuse of process. The court was therefore required to determine whether the applicant had provided sufficient written cause to prevent the dismissal of these motions, and whether the written submissions demonstrated a legitimate basis for listing them for a hearing.

The Court of Appeal considered the applicant's written submissions in response to the Commission's application to dismiss the motions. The court found that the applicant had failed to demonstrate any valid reason why the motions should not be dismissed. The submissions did not establish a proper basis for the court to entertain the applications, leading the court to conclude that they were indeed vexatious and constituted an abuse of the court's process.

Consequently, the Court of Appeal ordered that the applicant's motions dated 6 June 2016, 26 July 2016, and 16 August 2016 be dismissed as vexatious and an abuse of process.