SMA Solar Technology AG v Beyond Building Systems Pty Ltd (No 4) [2012] FCA 1041

SMA Solar Technology AG v Beyond Building Systems Pty Ltd (No 4) [2012] FCA 1041

The applicants' explanation for the late amendment was sufficient, and no real prejudice to the second respondent was established; leave was granted to file a further amended statement of claim and for the second respondent to file an amended defence.

Jurisdiction
Australia
Judgment Date
19 September 2012
Procedural Posture
General Division, Practice and Procedure / Interlocutory Application for Leave to Amend Pleadings During Trial
Outcome
Leave granted to file amended statement of claim; costs order in favour of second respondent; leave to file amended defence.
Legal Topics
['amendment of Pleadings' 'costs' 'grant of Leave' 'prejudice']
['civil Procedure'] ['amendment of Pleadings' 'costs' 'grant of Leave' 'prejudice']

Case Brief

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Procedural Posture

General Division, Practice and Procedure / Interlocutory Application for Leave to Amend Pleadings During Trial

Legal Issues

  1. 1 ['Whether leave should be granted to amend the statement of claim during trial' 'Whether prejudice to the second respondent justifies refusing amendment' 'Whether adequate explanation for late amendment has been given']

Ratio Decidendi

The applicants' explanation for the late amendment was sufficient, and no real prejudice to the second respondent was established; leave was granted to file a further amended statement of claim and for the second respondent to file an amended defence.

Court Disposition

Leave granted to file amended statement of claim; costs order in favour of second respondent; leave to file amended defence.

Orders

  • ['The applicants be granted leave to file in Court a further amended statement of claim in the form handed up by Mr Darke during the course of argument.' 'The applicants pay the costs of the second respondent thrown away by reason of the amendment.' 'The second respondent be granted leave to file an amended defence...