Quach v New South Wales Health Care Complaints Commission (No 5)

In *Quach v New South Wales Health Care Complaints Commission (No 5)*, the applicant, Mr Quach, sought to bring a motion before the New South Wales Court of Appeal. This motion followed an earlier order made in terms of *Teoh v Hunters Hill Council (No 4)* (2011) 81 NSWLR 771. The Court was required to determine whether Mr Quach had demonstrated sufficient cause in writing to prevent his notice of motion from being dismissed as vexatious and an abuse of process.

The Court considered the applicant's written submissions in response to the Court's own notice to show cause. The central legal issue was whether these submissions adequately addressed the Court's concerns that the proposed motion constituted a vexatious and abusive course of litigation. The Court applied the principles governing the dismissal of proceedings as an abuse of process, particularly where the litigation is considered to be without merit or is being pursued for improper purposes.

The Court found that the applicant had failed to show cause in writing why his motion should not be dismissed. Consequently, the Court concluded that the motion was indeed vexatious and an abuse of process. The motion dated 26 October 2016 was therefore dismissed.