SMA Solar Technology AG v Beyond Building Systems Pty Ltd (No 2) [2012] FCA 1015

FEDERAL COURT OF AUSTRALIA

SMA Solar Technology AG v Beyond Building Systems Pty Ltd (No 2) [2012] FCA 1015 Citation: SMA Solar Technology AG v Beyond Building Systems Pty Ltd (No 2) [2012] FCA 1015

Parties: SMA SOLAR TECHNOLOGY AG and SMA AUSTRALIA PTY LTD ACN 127 198 761 v BEYOND BUILDING SYSTEMS PTY LTD ACN 128 030 302 and IPEVO PTY LTD ACN 143 970 978

File number: NSD 817 of 2011

Judge: PERRAM J

Date of judgment: 17 September 2012

Catchwords: PRACTICE AND PROCEDURE – Amendment of pleadings – whether pleading should be amended

Date of hearing: 17 September 2012

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 6

Counsel for the Applicants: M Darke, H Pintos-Lopez

Solicitor for the Applicants: Corrs Chambers Westgarth

Counsel for the First Respondent: The first respondent did not appear

Counsel for the Second Respondent: C Amato

Solicitor for the Second Respondent: Addisons

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 817 of 2011

BETWEEN: SMA SOLAR TECHNOLOGY AG

First Applicant

SMA AUSTRALIA PTY LTD ACN 127 198 761

Second Applicant

AND: BEYOND BUILDING SYSTEMS PTY LTD ACN 128 030 302

First Respondent

IPEVO PTY LTD ACN 143 970 978

Second Respondent

JUDGE: PERRAM J DATE OF ORDER: 17 SEPTEMBER 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. 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. 2. 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 Gourley sworn on 6 September 2012 and to do so by 18 September 2012. 3. The applicants pay the second respondent's costs thrown away by reason of the amendment. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.