Collier & Anor v Australia and New Zealand Banking Group Limited

In this matter before the High Court of Australia, the applicants, Robert John Collier and Marion Louise Collier, sought injunctive relief against Australia and New Zealand Banking Group Limited. The proceedings involved an ex parte application, with Mrs Collier appearing personally to present an affidavit and annexures to the Court.

The primary legal issue before the Court was whether it possessed the requisite original jurisdiction to grant the relief sought by the applicants. Specifically, the Court was required to determine if a "cause or matter" was properly before it under its original jurisdiction, as contemplated by section 32 of the Judiciary Act 1903, to enable the Court to grant remedies such as an Anton Piller order.

Mrs Collier contended that section 32 of the Judiciary Act 1903 conferred upon the High Court the power to grant all necessary remedies in the exercise of its original jurisdiction, irrespective of how the matter originated. She referred to the principles established in *Camilleri* and defined an Anton Piller order as an equitable remedy allowing for inspection and removal of documents. However, the Court questioned the existence of an underlying "cause or matter" properly before it in its original jurisdiction, which is a prerequisite for exercising the powers granted by section 32.