SMA Solar Technology AG v Beyond Building Systems Pty Ltd ACN 128 030 302 [2012] FCA 472

SMA Solar Technology AG v Beyond Building Systems Pty Ltd ACN 128 030 302 [2012] FCA 472

Leave to proceed is granted because the claim is serious, the proceedings are advanced and complex, risk of inconsistent findings, and waste of prior legal effort; leave to amend is granted as amendments are machinery, evidence is complete, and hearing fixed.

Parties
First Applicant: SMA Solar Technology AG; Second Applicant: SMA Australia Pty Ltd ACN 127 198 761; First Respondent: Beyond Building Systems Pty Ltd ACN 128 030 302; Second Respondent: IPEVO Pty Ltd ACN 143 970 978
Jurisdiction
Australia
Judgment Date
07 May 2012
Procedural Posture
Corporations Law Proceeding / Interlocutory Application Leave to Proceed and Amendment of Pleadings
Outcome
Leave to proceed against the first respondent granted; leave to amend pleadings granted; costs orders made.
Legal Topics
Voluntary Winding Up, Leave to Proceed, Proof of Debt, Amendment of Pleadings
Corporations Law Voluntary Winding Up Leave to Proceed Proof of Debt Amendment of Pleadings

Case Brief

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Parties

SMA Solar Technology AG

First Applicant

SMA Australia Pty Ltd ACN 127 198 761

Second Applicant

Beyond Building Systems Pty Ltd ACN 128 030 302

First Respondent

IPEVO Pty Ltd ACN 143 970 978

Second Respondent

Procedural Posture

Corporations Law Proceeding / Interlocutory Application Leave to Proceed and Amendment of Pleadings

Legal Issues

  1. 1 Whether leave should be granted to proceed against the first respondent pursuant to s 500(2) of the Corporations Act 2001 (Cth)
  2. 2 Whether leave should be granted to amend the application and statement of claim

Ratio Decidendi

Leave to proceed is granted because the claim is serious, the proceedings are advanced and complex, risk of inconsistent findings, and waste of prior legal effort; leave to amend is granted as amendments are machinery, evidence is complete, and hearing fixed.

Court Disposition

Leave to proceed against the first respondent granted; leave to amend pleadings granted; costs orders made.

Orders

  • Leave be granted to the applicants to proceed against the first respondent pursuant to s 500(2) of the Corporations Act 2001 (Cth).
  • Leave be granted to the applicants to amend their application and statement of claim in the form annexed as OMG-8 and OMG-9 to the affidavit of Odette Margaret Gourley, sworn 17 April 2012, to be done by 8 May 2012.