SMA Solar Technology AG v Beyond Building Systems Pty Ltd (No 2) [2012] FCA 1015
The expressions sought to be inserted into the amended pleading were already defined in the pleadings, and any potential prejudice to the second respondent was conjectural and arose primarily from their own late discovery of the relevant document. Therefore, the amendment should be permitted.
- Jurisdiction
- Australia
- Judgment Date
- 17 September 2012
- Procedural Posture
- Practice and Procedure / Application for Leave to Amend Pleadings
- Outcome
- Leave to amend granted; applicants to pay costs thrown away by reason of amendment.
- Legal Topics
- ['amendment of Pleadings']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Practice and Procedure / Application for Leave to Amend Pleadings
Legal Issues
- 1 ['Whether applicants should be granted leave to amend their pleading to insert a further particular to paragraph 23 of the statement of claim']
Ratio Decidendi
The expressions sought to be inserted into the amended pleading were already defined in the pleadings, and any potential prejudice to the second respondent was conjectural and arose primarily from their own late discovery of the relevant document. Therefore, the amendment should be permitted.
Court Disposition
Leave to amend granted; applicants to pay costs thrown away by reason of amendment.
Orders
- ['The applicants be granted leave to adduce the evidence of Mr Weiner by videolink from Germany at a time and in a manner to be determined.' 'The applicants be granted leave to file and serve a further amended statement of claim substantially in the form of annexure OMG-3 to the second affidavit of Odette Margaret...
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