High Court of Australia

Timbercorp Finance Pty Ltd (in liquidation) v Collins [2016] HCA 44

9 Nov 2016

Case Number: M98/2016 M101/2016


French CJ, Kiefel, Keane, Nettle, Gordon JJ


Estoppel – Anshun estoppel – Where appellant provided loans to investors to fund investments in managed investment schemes – Where appellant placed in liquidation – Where group proceeding against appellant under Pt 4A of Supreme Court Act 1986 (Vic) by lead plaintiff on behalf of himself and group members alleging misrepresentations and failure to disclose information about risks – Where respondents group members in group proceeding – Where group proceeding unsuccessful – Where subsequent proceedings by appellant against respondents seeking recovery of outstanding principal and interest – Where respondents pleaded number of defences in recovery proceedings – Whether lead plaintiff in group proceeding respondents' privy – Whether defences precluded by reason of estoppel which arises by reference to principle in Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589.

Practice and procedure – Whether defences sought to be raised in recovery proceedings an abuse of process.

Words and phrases – "abuse of process", "Anshun estoppel", "control", "estoppel", "group member", "group proceeding", "lead plaintiff", "opt out notice", "privy", "unreasonable".

Supreme Court Act 1986 (Vic) – Pt 4A.

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