Once again, the tough ‘‘why not litigate’’ policy of the Australian Securities and Investments Commission has finished up looking like ‘‘why did they litigate in this case?’’

Federal Court Justice Jonathan Beach last week threw out 41 of 44 charges against advertising legend Harold Mitchell. ASIC had alleged that he had breached his duties as a director of Tennis Australia by compromising the sports body’s negotiations to sell the Australian Open television rights for five years, and ensuring that Seven West Media got them for the knockdown price of $195 million.