Motorola Solutions, Inc. v Hytera Communications Corporation Ltd

1. Paragraph 2 of the Respondents' Interlocutory Application dated 2 July 2020 be dismissed with costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

PERRAM J: 1 By paragraph 2 of the Respondents' Interlocutory Application dated 2 July 2020, which I dealt with in Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Second Adjournment) [2020] FCA 987, relief was also sought to permit the Respondents to amend their defence so as to rely upon the matters raised in Mr Grimmett's affidavit affirmed 9 June 2020. The reason behind the timing of the application was because the Respondents' solicitors took the view that an amendment was not necessary, as it lay within the ambit of the current pleading. I rejected that contention in the reasons for judgment I gave for not permitting Mr Grimmett's affidavit to be used: Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (Late Evidence) [2020] FCA 904. The question then is whether the amendment should be allowed. 2 For the reasons which I gave for refusing to allow Mr Grimmett's affidavit to be used, I also do not think it would be appropriate to permit the defence to be amended in a way which would reflect Mr Grimmett's evidence. 3 For that reason, I dismiss paragraph 2 of the Respondents' Interlocutory Application with costs. I certify that the preceding three (3) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Perram.