Tyne v UBS AG (No 3) [2016] FCA 5

FEDERAL COURT OF AUSTRALIA

Tyne v UBS AG (No 3) [2016] FCA 5 File number(s): QUD 10 of 2014

Judge(s): GREENWOOD J

Date of judgment: 8 January 2016

Catchwords: HIGH COURT AND FEDERAL COURT – consideration of an application to stay proceedings in the Federal Court of Australia on the footing that the proceedings were commenced and maintained by the applicants in circumstances where they were precluded from doing so by reason of res judicata, an issue estoppel, an Anshun estoppel and the doctrine of abuse of process, having regard to earlier proceedings in which a final judgment on the merits was given against particular parties by the High Court of the Republic of Singapore (called the "Singapore 801 proceedings"); other proceedings in the High Court of Singapore (called the "Anti-Suit Injunction proceedings") and final judgment against a particular party in proceedings commenced in the Supreme Court of New South Wales (being proceeding 363808 of 2010) HIGH COURT AND FEDERAL COURT – consideration of the principles governing the three forms of estoppel recognised by the High Court of Australia, namely, res judicata, issue estoppel and Anshun estoppel – consideration of the principles applicable to abuse of process – consideration of the principles to be applied in determining whether a party is privy in interest with another having regard to the principle stated and applied in Ramsay v Pigram (1968) 118 CLR 271 – consideration of the restatement by the High Court of the principles relating to res judicata, issue estoppel, Anshun estoppel, the doctrine of abuse of process, the relationship between the three classes of estoppel and abuse of process and the principles governing when a party is privy in interest with another discussed in Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28; (2015) 89 ALJR 750 ESTOPPEL – consideration of the discussion by the High Court of Australia in Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28; (2015) 89 ALJR 750 concerning the three recognised categories of estoppel according to Australian law, namely, res judicata, issue estoppel and Anshun estoppel – consideration of the relationship between these three categories of estoppel, the preclusive effect of the operation and their relationship with the doctrine of abuse – consideration of the principles governing whether a party is privy in interest with another according to the principle stated and applied in Ramsay v Pigram (1968) 118 CLR 271 – consideration of whether an order for a stay of the Federal Court proceedings ought to be made having regard to those principles PRACTICE AND PROCEDURE – consideration of whether an order for a stay of Federal Court proceedings ought to be made having regard to whether res judicata, an issue estoppel or an Anshun estoppel arises precluding the applicants from commencing and maintaining the proceedings by reason of prior proceedings in the High Court of the Republic of Singapore between particular parties and prior proceedings in the Supreme Court of New South Wales between particular parties – consideration of whether the trustee of the relevant trust as a party to the Federal Court proceedings, is or was privy in interest with the relevant party to the Singapore proceedings and the proceedings in the Supreme Court of New South Wales