Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tyne (Trustee of the Argot Trust) v UBS AG [2019] FCA 628 File number: QUD 396 of 2017
Judge: LOGAN J
Date of judgment: 16 April 2019
Catchwords: PRACTICE AND PROCEDURE – abuse of process – where applicant, his wife or entities controlled by the applicant instituted proceedings in Singapore, the Federal Court of Australia and the New South Wales Supreme Court – where all proceedings related to related factual matters – where previous Federal Court proceedings were permanently stayed by the High Court – whether present proceedings constitute an abuse of process – whether proceedings should be permanently stayed – whether vexatious litigant order should be made PRACTICE AND PROCEDURE – res judicata – where proceedings were dismissed against applicant's wife – where applicant now seeks to commence proceedings as assignee of his wife's claim rights – effect of earlier dismissal order – whether proceedings should be permanently stayed
Legislation: Australian Securities and Investment Commission Act 2001 (Cth) s 12GF Bankruptcy Act 1966 (Cth) s 60 Corporations Act 2001 (Cth) s 1041 Federal Court of Australia Act 1976 (Cth) ss 23, 37AO, 37M Federal Court Rules 2011 (Cth) r 39.03(1)(a) Fair Trading Act 1987 (NSW) ss 68 Fair Trading Act 1989 (Qld) s 99 Property Law Act 1974 (Qld) s 199
Cases cited: Attila Boros v Pages Property Investments Pty Ltd [2018] NSWCA 269 Chapman v Luminis Pty Ltd (No 4) (2001) 123 FCR 62 Coshott v Official Trustee in Bankruptcy, in the matter of Bankrupt Estate of Michael Petrovic Lenin (deceased) [2019] FCA 401 Fuller v Toms (2015) 234 FCR 535 Garrett v Federal Commissioner of Taxation (2015) 147 ALD 342 HWY Rent Pty Ltd v HWY Rentals (in liq) (No 2) [2014] FCA 449 Johnson v Gore Wood & Co [2002] 2 AC 1 Port of Melbourne Authority v Anshun Pty Ltd (1980) 147 CLR 35 Tomlinson v Ramsay Food Processing Pty Ltd (2015) 256 CLR 507 Tyne v UBS AG (2017) 250 FCR 341 Tyne & Anor v UBS AG (No 3) (2016) 236 FCR 1 Tyne v UBS AG (No 4) [2017] FCA 374 UBS AG v Tyne (2018) 92 ALJR 968 Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 Williams v Spautz (1992) 174 CLR 509 Yat Tung Investment Co Ltd v Dao Heng Bank Ltd [1975] AC 581 Zetta Jet Pte Limited v The Ship "Dragon Pearl" (No 2) [2018] FCAFC 132
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