Tomlinson v Ramsey Food Processing Pty Ltd
Jurisdiction | Australia Federal only |
Judge | French CJ,Bell,,Gageler,,Keane JJ.,Nettle JJ |
Judgment Date | 12 August 2015 |
Neutral Citation | [2015] HCA 28 |
Docket Number | S7/2015 |
Court | High Court |
Date | 12 August 2015 |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
130 cases
-
Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People
...State of Victoria v Commonwealth of Australia (the Pay-roll tax Case) [1971] HCA 16; 122 CLR 353 Tomlinson v Ramsey Food Processing [2015] HCA 28; 256 CLR 507 Tyne v UBS AG (No 2) [2017] FCAFC 5; 250 FCR 341 UBS AG v Tyne [2018] HCA 45; 360 ALR 184 Walton v Gardiner [1993] HCA 77; 177 CLR 3......
-
UBS AG v Tyne
...JJ; [1993] HCA 77; Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507 at 519 [25] per French CJ, Bell, Gageler and Keane JJ; [2015] HCA 28. 2 On 11 June 2014, Ms Marks became a bankrupt on the making of a sequestration order. Her trustee did not elect to continue the proceedings ......
-
Matson v Attorney-General (Cth)
...[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 Effem Foods Pty Ltd (1992) 36 FCR 406 United Mexican States v Cabal [2001......
Request a trial to view additional results
5 firm's commentaries
-
Anshun Estoppel the risks of waiting, 25 years on
...proceeding that it is unreasonable for them not to have raised it in the first proceedings (Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28, at This is distinct from the principles known as res judicata and "issue estoppel", which apply where a party attempts to re-litigate a matte......
-
Monthly Update Australian Labour & Employment, December 2015
...Court Clarifies that Injured Workers Can Bring Civil Claims Following FWO Prosecutions. In Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28, the High Court unanimously held that employees are not estopped from bringing civil claims seeking damages for injuries sustained in the workp......
-
High Court Clarifies That Injured Workers Can Bring Civil Claims Following FWO Prosecutions
...Tomlinson v Ramsey Food Processing Pty Limited [2015] HCA 28, Justices Bell, Gageler, Keane, Nettle and Chief Justice French unanimously allowed an employee's appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales finding that the employee was prevented (or "e......
-
Group Members And Unsuccessful Class Actions In AustraliaAnshun Estoppel And Abuse Of Process
...then they would not be denied the ability to plead their defences. The High Court in Tomlinson v Ramsey Food Processing Pty Limited [2015] HCA 28 ("Tomlinson") explained that Anshun estoppel "operates to preclude the assertion of a claim, or the raising of an issue of fact or law, if that c......
Request a trial to view additional results
1 books & journal articles
-
Litigation
...at 705, per Forbes J. 1371 As to the taxonomy of these principles, at least in Australia, see Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28 at [22]. 1372 Burbank Australia Pty Ltd v Luzinat [2000] VSC 128 at [28]–[29], per Beach J. LITIGATION (ii) Res judicata 1373 26.326 Where a......