Quach v RU (No 2)

Case [2017] ACTSC 234


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Quach v RU (No 2)

Citation:

[2017] ACTSC 234

Hearing Dates:

27 February 2017

DecisionDate:

21 August 2017

Before:

Penfold J

Decision:

1.   The appeal is dismissed.

2.   The appellant is to pay the respondent’s costs

Catchwords:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – In General and Right of Appeal – appeal from Magistrate’s decision striking out application for personal protection order as disclosing no reasonable cause of action – appellant’s registration as medical practitioner cancelled in NSW – costs orders made in favour of NSW Health Care Complaints Commission – communications from employee of NSW Health Care Complaints Commission seeking to enforce costs orders – Magistrate found communications did not constitute personal violence – no error in Magistrate’s decision to strike out appellant’s application.

Legislation Cited:

Director of Public Prosecutions Act 1986 (NSW), s 28

Domestic Violence and Protection Orders Act 2008 (ACT), ss 14, 46, 46(1)(b)
Health Care Complaints Act1993 (NSW), ss 90A, 98, 100
Legal Profession Uniform Law, ss 47, 48, pt 4.3

Personal Violence Act 2016 (ACT)

Domestic Violence and Protection Orders Regulation 2009 (ACT), reg 69, 69(1), 69(2), 69(3)

Cases Cited:

Brambles Holdings Ltd v Trade Practices Commission (1979) 28 ALR 191

House v The King (1936) 55 CLR 499;
Quach v RU (No 1) [2017] ACTSC 233

Quach v NSW Civil and Administrative Tribunal (No 2) [2017] NSWCA 182

Texts Cited:

Local Court Bench Book, NSW Judicial Commission, [83‑000]

Prosecution Guidelines 2007, NSW Office of the Director of Public Prosecutions, Guideline 23

Parties:

Michael Van Thanh Quach (Appellant)

RU (Respondent)

Representation:

Counsel

Unrepresented (Appellant)

Mr J Maher; Mr R Bayliss; Mr B Thomson (Respondent)

Solicitors

Unrepresented (Appellant)

Kamy Saeedi Law as agent for NSW Crown Solicitor’s Office; ACT Government Solicitor; NSW Crown Solicitor’s Office  (Respondent)

File Number:

SCA 36 of 2016

Decision under appeal: 

Court:  ACT Magistrates Court

Before:  Magistrate Morrison

Date of Decision:         13 April 2016

Case Title:  Dr Michael Van Thanh Quach v [RU]

Court File Number:       [RO 16/177]

Introduction

  1. Michael Van Thanh Quach has appealed against the decision of Magistrate Morrison dismissing his application for a personal protection order against RU.

Background

  1. The application has its origin in complaints made against Mr Quach to the NSW Health Care Complaints Commission (HCCC). As a result of those complaints, the HCCC brought proceedings against Mr Quach in the NSW Civil and Administrative Tribunal (NCAT), and eventually his registration as a medical practitioner was cancelled. Mr Quach has challenged the processes and outcomes of the HCCC’s actions in a large number of proceedings in the NSW courts (see Quach v NSW Civil and Administrative Tribunal (No 2) [2017] NSWCA 182, which cites five previous cases heard in the NSW Court of Appeal and two cases between Mr Quach and the HCCC heard in the Occupational Division of NCAT, as well as cases brought by Mr Quach against the NCAT Occupational Division…

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AGLC
Quach v RU (No 2) [2017] ACTSC 234
Case
[2017] ACTSC 234
Decision Date

CaseChat Overview and Summary

Quach, the appellant, sought to appeal against the Magistrate's decision that dismissed his application for a personal protection order against the respondent, RU, an employee of the NSW Health Care Complaints Commission. The application was struck out as it was found to disclose no reasonable cause of action. Quach's registration as a medical practitioner was cancelled by the NSW Health Care Complaints Commission, and costs orders were made in their favour. Quach alleged that the respondent's communications seeking to enforce the costs orders constituted personal violence, which led to his application for a personal protection order. The court was tasked with determining whether the Magistrate erred in his decision to strike out Quach's application.

The central legal issue before the court was whether the Magistrate's decision to strike out Quach's application for a personal protection order was erroneous. The court had to consider if the Magistrate correctly found that the respondent's communications did not constitute personal violence, and if the application disclosed no reasonable cause of action. The court examined the evidence and arguments presented by both parties, including Quach's submissions regarding the nature of the respondent's communications and their impact on him.

The court found that the Magistrate's decision was not in error. The respondent's communications were deemed to be professional and within the scope of their employment, and did not constitute personal violence. The court held that Quach's application for a personal protection order did not disclose a reasonable cause of action, as it was based on a misunderstanding of the nature of the respondent's actions. Consequently, the appeal was dismissed, and Quach was ordered to pay the respondent's costs.

In summary, the appeal was dismissed, and Quach was ordered to pay the respondent's costs. The court found no error in the Magistrate's decision to strike out Quach's application for a personal protection order, as the respondent's communications did not constitute personal violence and the application did not disclose a reasonable cause of action.

Orders

Orders of the court

1. The appeal is dismissed.

2. The appellant is to pay the respondent’s costs

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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