Ample Source International Limited v Bonython Metals Group Pty Limited; In the Matter of Bonython Metals Group Pty Limited (No 6)

In the matter of Ample Source International Limited v Bonython Metals Group Pty Limited; In the Matter of Bonython Metals Group Pty Limited (No 6), the plaintiff sought relief under the Corporations Act for oppressive conduct by the defendants. The plaintiff also sought a winding up order. The dispute was before the Federal Court of Australia. The central legal issue was whether the defendants' application to reopen the case to adduce new evidence should be granted. This application was filed after judgment had been reserved, and it sought to introduce evidence on several topics, including the financial position of the defendants and related parties. The court had to determine whether the new evidence was relevant and whether allowing it would cause undue prejudice to the other party.

The court considered the principles established in previous cases, such as Londish v Gulf Pacific Pty Ltd, which set out the criteria for reopening a case. The court held that the threshold for reopening is lower before judgment is reserved, but the primary consideration is whether the new evidence is relevant to the orders the court intends to make. The court found that the new evidence was insufficiently relevant to the proposed orders in the substantive proceedings. It also noted that granting the application might cause significant delay and inconvenience. Accordingly, the court refused the application to reopen.

The court ordered that the plaintiff prepare short minutes of order by 8 February 2012, detailing the final orders. The defendants had until 15 February 2012 to file their competing minutes if they opposed the plaintiff's orders. The final orders were to be made on 22 February 2012, with the parties having the liberty to apply for further orders on three days written notice.