Tomlinson v Ramsey Food Processing Pty Ltd

JurisdictionAustralia Federal only
CourtHigh Court
JudgeFrench CJ,Bell,,Gageler,,Keane JJ.,Nettle JJ
Judgment Date12 August 2015
Neutral Citation[2015] HCA 28
Date12 August 2015
Docket NumberS7/2015
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95 cases
  • 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......
  • Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People
    • Australia
    • Full Federal Court (Australia)
    • 18 October 2019
    ...v Gardiner [[1993] HCA 77] (1993) 177 CLR 378 at 392-393 per Mason CJ, Deane and Dawson JJ and Tomlinson v Ramsey Food Processing Pty Ltd [[2015] HCA 28] (2015) 256 CLR 507 at 518-519 [25] per French CJ, Bell, Gageler and Keane JJ.345 The State contended that, if Griffiths 165 FCR 391 had c......
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4 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......
  • 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......
  • Class Actions In Australia: 2015 In Review
    • Australia
    • Mondaq Australia
    • 16 March 2016
    ...on the common issues only. Robson J's finding was contrary to High Court obiter in Tomlinson v Ramsey Food Processing Pty Limited [2015] HCA 28 and statements by Croft J in Clarke v Great Southern [2014] VSC 516. Unsurprisingly, the decision has been appealed to the Victorian Court of Appea......

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