Full Court Minute Books

Case B54/2017

UBS AG v. Scott Francis Tyne as Trustee of the Argot Trust

Case No.


Case Information

Lower Court Judgment

20/01/2017 Federal Court of Australia (Dowsett J, Jagot J, Farrell J)

[2017] FCAFC 5


Procedure – Federal Court of Australia Act 1976 (Cth) s 37M – Abuse of process – Where appellant commenced proceedings in High Court of Singapore in 2010 against first respondent and another party – Where respondents and other party subsequently commenced proceedings in Supreme Court of New South Wales –Where Supreme Court proceedings permanently stayed in 2013 – Where respondents commenced proceedings in Federal Court in 2014 raising same factual matters – Where proceedings permanently stayed by primary judge as abuse of process – Whether majority of Full Federal Court erred in failing to take into account manifest unfairness to appellant and effect of proceedings in bringing administration of justice into disrepute – Whether majority erred in failing to take into account Singapore proceedings in determining whether abuse of process.

Short particulars


15/09/2017 Hearing (SLA, Sydney)

28/09/2017 Notice of appeal

20/10/2017 Written submissions (Appellant)

20/10/2017 Chronology (Appellant)

15/11/2017 Written submissions (Respondent)

24/11/2017 Reply

18/04/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

18/04/2018 Outline of oral argument (Appellant)

18/04/2018 Outline of oral argument (Respondent)

17/10/2018 Judgment (Judgment summary)