Timbercorp Finance Pty Ltd ((in Liquidation)) v Douglas James Collins and Another
| Jurisdiction | Australia Federal only |
| Judge | French CJ,Kiefel,Keane,Nettle JJ,Gordon J. |
| Judgment Date | 09 November 2016 |
| Neutral Citation | [2016] HCA 44 |
| Docket Number | M98/2016 & M101/2016 |
| Court | High Court |
| Date | 09 November 2016 |
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43 cases
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UBS AG v Tyne
...[25]–[26] per French CJ, Bell, Gageler and Keane JJ. 23 (2016) 259 CLR 212 at 240 [69] per French CJ, Kiefel, Keane and Nettle JJ; [2016] HCA 44. 24Civil Procedure Act 2005 (NSW), s 56(1); Uniform Civil Procedure Rules 1999 (Q), r 5; Civil Procedure Act 2010 (Vic), s 7(1); Supreme Court Civ......
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Karpik v Carnival plc (The Ruby Princess) (Stay Application)
...of Taxation [1990] HCA 37; 171 CLR 338 Thornton v Shoe Lane Parking Ltd [1971] 2 QB 163 Timbercorp Finance Pty Ltd (in liq) v Collins [2016] HCA 44; 259 CLR 212 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165 Trina Solar (US), Inc v Jasmin Solar Pty Ltd [2017] FCAFC 6; 2......
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Matson v Attorney-General (Cth)
...HCA 35; (2014) 254 CLR 508 Timbercorp Finance Pty Ltd (in liq) v Collins [2016] VSCA 128 Timbercorp Finance Pty Ltd (in liq) v Collins [2016] HCA 44; (2016) 259 CLR 212 Tomlinson v Ramsey Food Processing Ltd [2015] HCA 28; (2015) 256 CLR 507 Trawl Industries of Australia Pty Ltd (in liq) v ......
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Dyczynski v Gibson
...SZRUR v Minister for Immigration and Border Protection [2013] FCAFC 146; (2013) 216 FCR 445 Timbercorp Finance Pty Ltd (in liq) v Collins [2016] HCA 44; (2016) 259 CLR 212 Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28; (2015) 256 CLR 507 Trustee for The MTGI Trust v Johnston [201......
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5 firm's commentaries
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Class Actions In Australia: 2016 In Review
...as Australia's largest class action, ended with a decision in favour of the banks. In Timbercorp Finance Pty Ltd (in liq) v Collins [2016] HCA 44 the High Court heard an appeal from the Victorian Court of Appeal and determined that a class member in an unsuccessful class action, who later r......
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Group members not prevented from raising individual defences in subsequent actions for debt recovery
...Court has recently determined, in Timbercorp Finance Pty Ltd (in liquidation) v Collins & Anor; Timbercorp Finance Pty Ltd v Tomes [2016] HCA 44, that group members in "defensive" group proceedings are not prevented from raising their own individual defences and that the principle of An......
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Getting the deal through - Securities litigation in Australia 2017
...space. Finality of class action proceedings called into question The High Court judgment in Timbercorp Finance Pty Ltd (In Liq) v Collins [2016] HCA 44 has cast some doubt over the finality of class action proceedings. Generally, a party to an action is precluded from raising an issue in su......
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Class Actions in Australia: 2016 in Review
...as Australia’s largest class action, ended with a deci- sion in favour of the banks. In Timbercorp Finance Pty Ltd (in liq) v Collins [2016] HCA 44 the High Court heard an appeal from the Victorian Court of Appeal and determined that a class member in an unsuccessful class action, who later......
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1 books & journal articles
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Litigation
...Handley JA. See also Cockatoo Dockyard v Commonwealth of Australia (No 2) [2005] NSWSC 11; Timbercorp Finance Pty Ltd (in liq) v Collins [2016] HCA 44 at [56] and [97]. Compare Davis v Hedges (1871) LR 6 QB 687. LITIGATION defective works, that is, the owner will be able to bring later proc......