← All Authorities
Australia
abuse of processanshun estoppelpermanent stay
UBS AG v Tyne
(2018) 265 CLR 77
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
Ask CommonBench about this case
Get a detailed analysis of UBS AG v Tyne and how it applies to your situation.
Explain UBS AG v Tyne