PT Bayan Resources TBK v BCBC Singapore Pte Ltd [2015] HCA 36

PT Bayan Resources TBK v BCBC Singapore Pte Ltd [2015] HCA 36

The Supreme Court of Western Australia has inherent power to make a freezing order in relation to a prospective judgment of a foreign court, which when made would be registrable under the Foreign Judgments Act 1991 (Cth), as such an order protects the effectiveness of the prospective registration and enforcement process. There is no inconsistency between this power and the Foreign Judgments Act, and the procedural rules are validly applied.

Parties
Appellant: PT BAYAN RESOURCES TBK; First Respondent: BCBC SINGAPORE PTE LTD; Second Respondent: Second respondent; Third Respondent: State of Western Australia; Intervener: Attorney-General of the Commonwealth; Intervener: Attorney-General of the State of Queensland; Intervener: Attorney-General for the State of Victoria
Jurisdiction
Australia
Judgment Date
14 October 2015
Procedural Posture
Appeal / Final Judgment of the High Court on Appeal From the Supreme Court of Western Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Freezing Orders, Enforcement of Foreign Judgments, Inherent Jurisdiction, Federal Jurisdiction
Civil Procedure Freezing Orders Enforcement of Foreign Judgments Inherent Jurisdiction Federal Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

PT BAYAN RESOURCES TBK

Appellant

BCBC SINGAPORE PTE LTD

First Respondent

Second respondent

Second Respondent

State of Western Australia

Third Respondent

Attorney-General of the Commonwealth

Intervener

Attorney-General of the State of Queensland

Intervener

Attorney-General for the State of Victoria

Intervener

Procedural Posture

Appeal / Final Judgment of the High Court on Appeal From the Supreme Court of Western Australia

Legal Issues

  1. 1 Whether the Supreme Court of Western Australia has power to make a freezing order in relation to a prospective judgment of a foreign court which would be registrable under the Foreign Judgments Act 1991 (Cth).

Ratio Decidendi

The Supreme Court of Western Australia has inherent power to make a freezing order in relation to a prospective judgment of a foreign court, which when made would be registrable under the Foreign Judgments Act 1991 (Cth), as such an order protects the effectiveness of the prospective registration and enforcement process. There is no inconsistency between this power and the Foreign Judgments Act, and the procedural rules are validly applied.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.