Davies v Beyond Building Systems Pty Ltd & ors [2009] NSWSC 1489

Davies v Beyond Building Systems Pty Ltd & ors [2009] NSWSC 1489

The motion was dismissed because the proposed amended Statement of Claim did not articulate a viable cause of action against Beyond Building Group Limited. The proposed statutory oppression and winding up relief against a Hong Kong corporation faced enormous jurisdictional difficulties, and the declarations concerning an alleged trust of shares could be sought against Mr Smith without joining BBG. It was therefore inappropriate to grant leave to amend, making it unnecessary to determine substituted service issues.

Jurisdiction
Australia
Judgment Date
30 October 2009
Procedural Posture
Procedural and Other Ruling / Plaintiff's Notice of Motion Filed 30 October 2009 Seeking Leave to Further Amend the Statement of Claim, Joinder of Beyond Building Group Limited, Dispensation With Service Ex Juris, and Substituted Service
Outcome
Motion dismissed with costs.
Legal Topics
['amendment of Pleadings' 'joinder' 'service Outside the Jurisdiction' 'substituted Service' 'oppression Remedy' 'winding Up']
['civil Procedure' 'corporations'] ['amendment of Pleadings' 'joinder' 'service Outside the Jurisdiction' 'substituted Service' 'oppression Remedy' 'winding Up']

Case Brief

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Procedural Posture

Procedural and Other Ruling / Plaintiff's Notice of Motion Filed 30 October 2009 Seeking Leave to Further Amend the Statement of Claim, Joinder of Beyond Building Group Limited, Dispensation With Service Ex Juris, and Substituted Service

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to further amend the Statement of Claim to join Beyond Building Group Limited as a fourth defendant' 'Whether the proposed pleading disclosed a viable cause of action against Beyond Building Group Limited' 'Whether issues concerning service outside the jurisdiction and substituted service needed to be determined']

Ratio Decidendi

The motion was dismissed because the proposed amended Statement of Claim did not articulate a viable cause of action against Beyond Building Group Limited. The proposed statutory oppression and winding up relief against a Hong Kong corporation faced enormous jurisdictional difficulties, and the declarations concerning an alleged trust of shares could be sought against Mr Smith without joining BBG. It was therefore inappropriate to grant leave to amend, making it unnecessary to determine substituted service issues.

Court Disposition

Motion dismissed with costs.

Orders

  • ['The Notice of Motion filed 30 October 2009 is dismissed.' 'The motion is dismissed with costs.']