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Australia abuse of processanshun estoppelpermanent stay

UBS AG v Tyne

(2018) 265 CLR 77
JurisdictionAustralia
CourtHigh Court of Australia
Year2018
StatusBinding authority

Key Principle

A court may permanently stay proceedings as an abuse of process where their continuation would occasion unjustifiable oppression to a party or would bring the administration of justice into disrepute; this power extends beyond strict Anshun estoppel and looks to substance, so that re-litigation of claims that could and should have been pursued in earlier (including discontinued or foreign) proceedings may be stayed even where the parties are not identical.

Area of Law

procedure

Related Cases

Getswift Ltd v Webb (2021) 283 FCR 328; [2021] FCAFC 26
Palmer v Ayres (2017) 259 CLR 478
Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507

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