Recent Cases

Quach v New South Wales Civil and Administrative Tribunal (No 2) [2022] NSWCA 177 (09 September 2022) (Meagher, Gleeson and Mitchelmore JJA)


Catchwords:


CIVIL PROCEDURE – parties – vexatious litigants – fifth application to set aside vexatious proceedings order – application dismissed

CONSTITUTIONAL LAW – Judiciary Act 1903 (Cth) s 78B – whether proceedings involve a matter arising under the Constitution or involving its interpretation – where mere assertion of invalidity of Vexatious Proceedings Act 2008 (NSW) by reason of s 109 of the Constitution – whether frivolous or unarguable contention – no obligation to stay proceedings until s 78B notices given

ADMINISTRATIVE LAW – Civil and Administrative Tribunal Act 2013 (NSW), s 34B – original application before Tribunal involved disciplinary proceedings – whether original application involved federal jurisdiction – whether Tribunal’s decision stayed by reason of subsequent proceedings in Federal Court between applicant and an insurer