Tomlinson v Ramsey Food Processing Pty Ltd

JurisdictionAustralia Federal only
JudgeFrench CJ,Bell,,Gageler,,Keane JJ.,Nettle JJ
Judgment Date12 August 2015
Neutral Citation[2015] HCA 28
Docket NumberS7/2015
CourtHigh Court
Date12 August 2015
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130 cases
  • Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People
    • Australia
    • Full Federal Court (Australia)
    • 18 October 2019
    ...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
    • Australia
    • High Court
    • 17 October 2018
    ...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)
    • Australia
    • Federal Court
    • 3 March 2021
    ...[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......
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5 firm's commentaries
  • Anshun Estoppel – the risks of waiting, 25 years on
    • Australia
    • Mondaq Australia
    • 5 July 2016
    ...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
    • Australia
    • Mondaq Australia
    • 29 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
    • Australia
    • Mondaq Australia
    • 30 September 2015
    ...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 Australia—Anshun Estoppel And Abuse Of Process
    • Australia
    • Mondaq Australia
    • 5 November 2015
    ...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......
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1 books & journal articles
  • Litigation
    • United Kingdom
    • Construction Law. Volume III - Third Edition
    • 13 April 2020
    ...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......

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