SDS Corporation Ltd v Pasdonnay Pty Ltd

SDS Corporation Ltd sued Pasdonnay Pty Ltd and Ian Rear for breach of contract and specific performance of a Business Asset Sale Agreement. The defendants applied to dissolve the interlocutory injunctions made in favour of SDS. The plaintiff applied for leave to amend its statement of claim. The defendants applied for leave to amend their statement of defence. The court held that the defendants had not demonstrated any change in circumstances that would warrant the injunctions being discharged or varied. The court held that the plaintiff's proposed rectification plea and the defendants' contention that SDS was in breach of the agreement were tenable. The court dismissed the defendants' application to discharge or vary the injunction and the defendants' application for disallowance. The court allowed the plaintiff's application for leave to amend its statement of claim.