Strahan and Strahan and Anor

In the matter of *Strahan and Strahan and Anor*, Dawe J of the Supreme Court of Tasmania considered an application concerning the use of affidavits filed in Australian proceedings. The dispute involved the second respondent's alleged intention to utilise these affidavits in separate proceedings before the High Court of the Hong Kong Special Administrative Region.

The central legal issue before the Court was whether to grant an injunction restraining the second respondent from using, disseminating, publishing, or relying upon any affidavit filed in the Tasmanian proceedings, specifically in the context of the Hong Kong litigation. The Court was required to determine if such an injunction was necessary and appropriate to prevent potential prejudice or misuse of the filed evidence.

Dawe J reasoned that an injunction was warranted to prevent the second respondent from improperly using the affidavits. The Court applied the equitable principles governing the grant of injunctions, focusing on the need to protect the integrity of the court process and prevent the exploitation of evidence filed in one jurisdiction for purposes in another, particularly where such use might be detrimental to the parties or the administration of justice. The Court granted the injunction, restraining the second respondent from using the affidavits in the Hong Kong proceedings. The second respondent was granted liberty to apply to set aside the injunction on limited notice. Further consideration of the application was adjourned.