Sanum Investments Limited v ST Group Co., Ltd [2017] FCA 75

Sanum Investments Limited v ST Group Co., Ltd [2017] FCA 75

Leave to serve outside the jurisdiction was granted because the Court was satisfied that it had jurisdiction under s 8(3) of the International Arbitration Act 1974 (Cth), the award was a foreign arbitral award made in Singapore in pursuance of arbitration agreements and Singapore was a Convention country, the proceeding fit within r 10.42 item 10, and the applicant's affidavits established a prima facie case that the award had been made, served on the respondents and remained unpaid.

Jurisdiction
Australia
Judgment Date
08 February 2017
Procedural Posture
Proceeding for Enforcement of a Foreign Arbitral Award Under the International Arbitration Act 1974 (cth) / Interlocutory Application for Leave to Serve the Originating Application and Supporting Affidavits on Respondents in the Lao People's Democratic Republic
Outcome
Interlocutory application granted; leave given to serve the Originating Application, affidavits and order on the respondents in the Lao People's Democratic Republic.
Legal Topics
['service Outside Australia' 'enforcement of Foreign Arbitral Award' 'international Arbitration Act 1974 (cth)' 'federal Court Rules 2011 Rr 10.42 and 10.43']
['practice and Procedure' 'international Commercial Arbitration'] ['service Outside Australia' 'enforcement of Foreign Arbitral Award' 'international Arbitration Act 1974 (cth)' 'federal Court Rules 2011 Rr 10.42 and 10.43']

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Procedural Posture

Proceeding for Enforcement of a Foreign Arbitral Award Under the International Arbitration Act 1974 (cth) / Interlocutory Application for Leave to Serve the Originating Application and Supporting Affidavits on Respondents in the Lao People's Democratic Republic

Legal Issues

  1. 1 ['Whether the Court had jurisdiction in the proceeding for enforcement of the foreign arbitral award' 'Whether the proceeding was of a kind mentioned in r 10.42 of the Federal Court Rules 2011' 'Whether the applicant had a prima facie case for all or any of the relief claimed' "Whether leave should be granted to serve the Originating Application and supporting affidavits on respondents in the Lao People's Democratic Republic"]

Ratio Decidendi

Leave to serve outside the jurisdiction was granted because the Court was satisfied that it had jurisdiction under s 8(3) of the International Arbitration Act 1974 (Cth), the award was a foreign arbitral award made in Singapore in pursuance of arbitration agreements and Singapore was a Convention country, the proceeding fit within r 10.42 item 10, and the applicant's affidavits established a prima facie case that the award had been made, served on the respondents and remained unpaid.

Court Disposition

Interlocutory application granted; leave given to serve the Originating Application, affidavits and order on the respondents in the Lao People's Democratic Republic.

Orders

  • ["Pursuant to r 10.42 and r 10.43 of the Federal Court Rules 2011, leave is granted to the applicant to serve the Originating Application, the two affidavits sworn by Mr Jody Jordahl on 21 December 2016 and a copy of this Order upon each of the respondents in the Lao People's Democratic Republic." 'The costs of the...