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Australia Leading Case strike out and summary judgment

Batistatos v Roads and Traffic Authority (Abuse of Process)

[2006] HCA 27
JurisdictionAustralia
CourtHigh Court of Australia
Year2006
StatusBinding authority

Summary

Proceedings may be permanently stayed as an abuse of process where delay renders a fair trial impossible.

Key Principle

Proceedings may be permanently stayed as abuse of process where delay makes a fair trial impossible.

Area of Law

procedure

Related Cases

Getswift Ltd v Webb (2022) 276 CLR 553

High Court of Australia held there is no power to make a common fund order in favour of litigation funders at the interlocutory stage of a class action.

UBS AG v Tyne (2018) 265 CLR 77

Anshun estoppel bars relitigation where it was unreasonable not to raise the issue in earlier proceedings; re-litigation may also constitute abuse of process.

Palmer v Ayres (2017) 259 CLR 478

High Court of Australia held the reflective loss principle (Prudential Assurance rule) does not apply in Australia, permitting shareholders to recover losses independently of the company.

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