Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tyne (Trustee) v UBS AG [2016] FCA 241 Appeal from: Tyne v UBS AG (No 3) [2016] FCA 5
File number: QUD 46 of 2016
Judge: EDELMAN J
Date of judgment: 1 April 2016
Catchwords: APPEAL AND NEW TRIAL – application for leave to appeal – finding that proceeding was an abuse of process – whether discontinuance of substantially the same proceedings in a different court is a relevant factor in determining whether proceedings are an abuse of process – whether additional factors were present – sufficiency of factors – whether substantial injustice would result from refusal of grant of leave to appeal – whether conditions should attach to the grant of leave to appeal
Legislation: Australian Securities and Investments Act 2001 (Cth) s 12DA Corporations Act 2001 (Cth) s 1041H Fair Trading Act 1987 (NSW) s 42 Fair Trading Act 1989 (Qld) s 38 Federal Court of Australia Act 1976 ss 23, 24(1A), 56 Federal Court Rules 2011 (Cth) r 36.09 Trade Practices Act 1974 (Cth)
Cases cited: Bienstein v Bienstein [2003] HCA 7; (2003) 195 ALR 225 Covell Matthews and Partners v French Wools Ltd [1977] 1 WLR 876; [1977] 2 All ER 591 Covell Matthews and Partners v French Wools Ltd [1978] 1 WLR 1477; [1978] 2 All ER 800 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd [2000] FCA 1572; (2000) 104 FCR 564 Johnson v Gore Wood & Co [2002] 2 AC 1 Re Luck [2003] HCA 70; (2003) 78 ALJR 177 Re Peat Resources of Australia Pty Ltd; Ex Parte Pollock [2004] WASCA 122; (2004) 181 FLR 454 Running Pigmy Productions Pty Ltd v AMP General Insurance Co Ltd [2001] NSWSC 431 Samsung Electronics v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 SCI Operations Pty Ltd v Trade Practices Commission [1984] FCA 52; (1984) 2 FCR 113 SZFOG v Minister for Immigration and Multicultural Affairs [2006] FCA 1170 Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28; (2015) 89 ALJR 750 Tyne v UBS AG [2014] FCA 1228 Tyne v UBS AG (No 2) [2014] FCA 1228 Tyne v UBS AG (No 3) [2016] FCA 5 Willliams v Spautz [1992] HCA 34; (1992) 174 CLR 509
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