Quach v New South Wales Health Care Complaints Commission (No 6)

In *Quach v New South Wales Health Care Complaints Commission (No 6)*, the New South Wales Court of Appeal considered applications by the applicant, Michael Quach, to re-open matters previously decided in judicial review proceedings and to make unfounded allegations of criminal contempt. The proceedings involved the applicant and the New South Wales Health Care Complaints Commission.

The Court was required to determine whether the applicant's notices of motion, filed subsequent to an earlier order, constituted vexatious proceedings and an abuse of process. Additionally, the Court considered whether orders should be made prohibiting the applicant from instituting or maintaining further proceedings related to the subject matter of the present proceedings, pursuant to the *Vexatious Proceedings Act 2008* (NSW).

The Court reasoned that the applicant's motions sought to re-litigate issues already determined and contained unsubstantiated allegations. Applying principles relating to vexatious litigants and abuse of process, the Court found that the notices of motion filed on 19 December 2016 and 14 March 2017 were vexatious and an abuse of process, and therefore dismissed them. The Court also refused the applicant leave to serve a notice to produce on the third respondent.

Furthermore, the Court ordered Michael Quach to show cause why he should not be prohibited from filing further motions in the Court of Appeal and from instituting proceedings in New South Wales relating to the subject matter of the proceedings before the New South Wales Civil and Administrative Tribunal and the Court of Appeal. The applicant was directed to file written submissions by 15 August 2017, with provisions for requesting an oral hearing.