ASTRO NUSANTARA INTERNATIONAL B.V. AND OTHERS v. PT AYUNDA PRIMA MITRA AND OTHERS

ASTRO NUSANTARA INTERNATIONAL B.V. AND OTHERS v. PT AYUNDA PRIMA MITRA AND OTHERS

AAL is resident within the jurisdiction of the Hong Kong court and, on the evidence, acted in concert with FM and other Lippo Group entities; the BANI arbitration and Indonesian measures were part of a collusive strategy to frustrate enforcement and thus any risk of double jeopardy is self-inflicted and not a bar to relief. Accordingly the requirements of Order 49 are satisfied and the garnishee order nisi is made absolute and AAL's applications to set aside are dismissed.

Citation
ASTRO NUSANTARA INTERNATIONAL B.V. AND OTHERS v. PT AYUNDA PRIMA MITRA AND OTHERS
Parties
Judgment Creditor (applicant): ASTRO NUSANTARA INTERNATIONAL B.V.; Judgment Creditor (applicant): ASTRO NUSANTARA HOLDINGS B.V.; Judgment Creditor (applicant): ASTRO MULTIMEDIA CORPORATION N.V.; Judgment Creditor (applicant): ASTRO MULTIMEDIA N.V.; Judgment Creditor (applicant): ASTRO OVERSEAS LIMITED; Judgment Creditor (applicant): ASTRO ALL ASIA NETWORKS PLC; Judgment Creditor (applicant): MEASAT BROADCAST NETWORK SYSTEMS SDN BHD; Judgment Creditor (applicant): ALL ASIA MULTIMEDIA NETWORK FZ-LLC; Judgment Debtor (respondent): PT AYUNDA PRIMA MITRA; Judgment Debtor (respondent): PT FIRST MEDIA TBK; Judgment Debtor (respondent): PT DIRECT VISION; Garnishee: ACROSSASIA LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 October 2013
Case Number
HCCT45/2010
Procedural Posture
Enforcement of Arbitral Awards; Garnishee Proceedings / Hearing on Application to Make Garnishee Order Absolute; Decision (judgment on Application)
Outcome
Garnishee order nisi made absolute; AAL's summonses to set aside the garnishee order nisi and to discharge the payment-into-court order dismissed; costs awarded to Astro with certificate for two counsel.
Legal Topics
Garnishee Order, Recognition and Enforcement of Foreign Arbitral Awards, Situs of Debt, Double Jeopardy, Group of Companies and Control, Jurisdiction, Bankruptcy Proceedings
Source Language
EN
Arbitration Enforcement of Judgments Conflict of Laws Company Law Insolvency and Bankruptcy Civil Procedure Garnishee Order Recognition and Enforcement of Foreign Arbitral Awards +5 more

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Parties

ASTRO NUSANTARA INTERNATIONAL B.V.

Judgment Creditor (applicant)

ASTRO NUSANTARA HOLDINGS B.V.

Judgment Creditor (applicant)

ASTRO MULTIMEDIA CORPORATION N.V.

Judgment Creditor (applicant)

ASTRO MULTIMEDIA N.V.

Judgment Creditor (applicant)

ASTRO OVERSEAS LIMITED

Judgment Creditor (applicant)

ASTRO ALL ASIA NETWORKS PLC

Judgment Creditor (applicant)

MEASAT BROADCAST NETWORK SYSTEMS SDN BHD

Judgment Creditor (applicant)

ALL ASIA MULTIMEDIA NETWORK FZ-LLC

Judgment Creditor (applicant)

PT AYUNDA PRIMA MITRA

Judgment Debtor (respondent)

PT FIRST MEDIA TBK

Judgment Debtor (respondent)

PT DIRECT VISION

Judgment Debtor (respondent)

ACROSSASIA LIMITED

Garnishee

Procedural Posture

Enforcement of Arbitral Awards; Garnishee Proceedings / Hearing on Application to Make Garnishee Order Absolute; Decision (judgment on Application)

Legal Issues

  1. 1 Whether a garnishee order absolute should be made against AcrossAsia Limited (AAL)
  2. 2 Whether AAL and PT First Media (FM) acted independently or collusively as part of the Lippo Group
  3. 3 Whether the BANI arbitration and subsequent Indonesian orders create a real risk of double jeopardy for AAL

Ratio Decidendi

AAL is resident within the jurisdiction of the Hong Kong court and, on the evidence, acted in concert with FM and other Lippo Group entities; the BANI arbitration and Indonesian measures were part of a collusive strategy to frustrate enforcement and thus any risk of double jeopardy is self-inflicted and not a bar to relief. Accordingly the requirements of Order 49 are satisfied and the garnishee order nisi is made absolute and AAL's applications to set aside are dismissed.

Court Disposition

Garnishee order nisi made absolute; AAL's summonses to set aside the garnishee order nisi and to discharge the payment-into-court order dismissed; costs awarded to Astro with certificate for two counsel.

Orders

  • Garnishee order nisi against AcrossAsia Limited made absolute
  • AAL's applications to set aside the garnishee order nisi dismissed