Swansdale Pty Ltd v Whitcrest Pty Ltd [No 2]

Swansdale Pty Ltd sought leave to rely on affidavits which had been filed in another proceeding between the same parties. The application was before the Supreme Court of Victoria. The affidavits were sought to be relied upon in the proceedings to support an application for an interlocutory injunction. Whitcrest Pty Ltd opposed the application to admit the affidavits.
The court considered whether the affidavits could be admitted. It was held that an application of this nature turned on its own facts and that the affidavits in question were not admissible. The affidavits had been filed in a proceeding which was stayed and were not relevant to the application at hand. The court found that it would be an abuse of process to allow the affidavits to be relied upon in the current proceedings.
The application was dismissed. The court found that there was no basis for admitting the affidavits in question and that to do so would be an abuse of process. The court further found that the affidavits did not address the issues before it and were not relevant to the current application. The application was dismissed, and the orders sought by Swansdale were refused.