Australian Securities and Investments Commission v Pattison; Ex parte

The Australian Securities and Investments Commission sought leave to use in the Federal Court a number of affidavits filed by it in the Supreme Court of Victoria in an application to remove a person as liquidator of several companies. The case before the Federal Court involved the same liquidator and the same companies. The central issue before the court was whether the principles established in Harman v Australian Securities and Investments Commission applied to allow the use of the affidavits in the Federal Court proceeding.

The court noted that the Harman principles were designed to avoid duplication of evidence in proceedings where the same parties were involved and the issues were substantially the same. The court held that the principles applied to the case before it, as the issues and parties were substantially the same as those in the Supreme Court proceeding. The court found that the principles were not limited to the High Court and could be applied in other courts, including the Federal Court. The court also noted that the principles would not be applied if it would be unfair to do so.

The court granted the application, allowing the use of the affidavits in the Federal Court proceeding. The court noted that the use of the affidavits would not cause any prejudice to the liquidator and would save time and resources for both parties. The court also noted that the principles were not limited to cases where the same evidence was being used and could be applied even if the evidence was different. The court found that the application met the requirements of the principles and that it was appropriate to grant the application.