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- Title
A POST-AON DOCTRINE OF ABUSE OF PROCESS: UBS AG v TYNE (AS TRUSTEE OF THE ARGOT TRUST).
- Authors
BEN TENG; WILLIAMS, HANNAH
- Abstract
In UBS AG v Tyne (as trustee of the Argot Trust),1 the High Court of Australia narrowly, hut authoritatively, moved the doctrine of abuse of process into the post-Aon era. The Court, divided four to three, was satisfied that Tyne had forgone his 'opportunity to be heard' by earlier discontinuing substantially similar proceedings in a different forum, and accordingly was willing to find an abuse of process in less oppressive circumstances than it had ever been before. The majority found an abuse even where Tyne's discontinuance was effected by the letter of the court rules, and with the express permission of the presiding judicial officer. This article analyses the case and the divided reasons. It then contends that, in a decision that exemplifies the open-textured and flexible nature of the doctrine of abuse of process, Tyne sets a new high-water mark for the doctrine in Australia through the invocation of Aon principles.
- Subjects
PROCESS (Law); TRUSTS &; trustees
- Publication
University of Western Australia Law Review, 2020, Vol 47, Issue 2, p354
- ISSN
0042-0328
- Publication type
Article