ASTRO NUSANTARA AND OTHERS v. PT AYUNDA PRIMA MITRA

ASTRO NUSANTARA AND OTHERS v. PT AYUNDA PRIMA MITRA

Entry of judgment did not preclude an application to set aside the enforcement orders but the court refused extension of time to First Media because of substantial deliberate delay (14 months), calculated decision not to act in Hong Kong, and lack of good reason; further, on the facts First Media was precluded by its conduct from relying on s44(2) grounds (breach of good faith/estoppel); Singapore Court of Appeal determinations on joinder/jurisdiction and related Singapore law issues are binding and preclude re-litigation in Hong Kong.

Citation
ASTRO NUSANTARA AND OTHERS v. PT AYUNDA PRIMA MITRA
Parties
Applicant / Judgment Creditor: ASTRO NUSANTARA INTERNATIONAL B.V.; Applicant / Judgment Creditor: ASTRO NUSANTARA HOLDINGS B.V.; Applicant / Judgment Creditor: ASTRO MULTIMEDIA CORPORATION N.V.; Applicant / Judgment Creditor: ASTRO MULTIMEDIA N.V.; Applicant / Judgment Creditor: ASTRO OVERSEAS LIMITED (formerly AAAN (Bermuda) Limited); Applicant / Judgment Creditor: ASTRO ALL ASIA NETWORKS PLC; Applicant / Judgment Creditor: MEASAT BROADCAST NETWORK SYSTEMS SDN BHD; Applicant / Judgment Creditor: ALL ASIA MULTIMEDIA NETWORK FZ-LLC; Defendant / Judgment Debtor: PT AYUNDA PRIMA MITRA; Defendant / Judgment Debtor (2nd Judgment Debtor, Applicant to Set Aside): PT FIRST MEDIA TBK (formerly PT BROADBAND MULTIMEDIA TBK); Defendant / Judgment Debtor: PT DIRECT VISION; Garnishee: ACROSSASIA LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 February 2015
Case Number
HCCT45/2010
Procedural Posture
Construction and Arbitration Proceedings / Enforcement/setting Aside Summons Heard in Chambers; Judgment Refusing Extension of Time and Dismissing Summons
Outcome
Summons by PT First Media TBK dated 18 January 2012 dismissed in its entirety; Hong Kong Orders and Hong Kong Judgment remain undisturbed
Legal Topics
Joinder, Jurisdiction, Setting Aside, Recognition and Enforcement, Time Extension, Garnishee Proceedings, Good Faith, Issue Estoppel, Choice of Remedies
Source Language
EN
Arbitration Enforcement of Foreign Arbitral Awards Civil Procedure International Commercial Arbitration Private International Law Joinder Jurisdiction Setting Aside +6 more

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Parties

ASTRO NUSANTARA INTERNATIONAL B.V.

Applicant / Judgment Creditor

ASTRO NUSANTARA HOLDINGS B.V.

Applicant / Judgment Creditor

ASTRO MULTIMEDIA CORPORATION N.V.

Applicant / Judgment Creditor

ASTRO MULTIMEDIA N.V.

Applicant / Judgment Creditor

ASTRO OVERSEAS LIMITED (formerly AAAN (Bermuda) Limited)

Applicant / Judgment Creditor

ASTRO ALL ASIA NETWORKS PLC

Applicant / Judgment Creditor

MEASAT BROADCAST NETWORK SYSTEMS SDN BHD

Applicant / Judgment Creditor

ALL ASIA MULTIMEDIA NETWORK FZ-LLC

Applicant / Judgment Creditor

PT AYUNDA PRIMA MITRA

Defendant / Judgment Debtor

PT FIRST MEDIA TBK (formerly PT BROADBAND MULTIMEDIA TBK)

Defendant / Judgment Debtor (2nd Judgment Debtor, Applicant to Set Aside)

PT DIRECT VISION

Defendant / Judgment Debtor

ACROSSASIA LIMITED

Garnishee

Procedural Posture

Construction and Arbitration Proceedings / Enforcement/setting Aside Summons Heard in Chambers; Judgment Refusing Extension of Time and Dismissing Summons

Legal Issues

  1. 1 Whether entry of judgment precludes subsequent application to set aside enforcement orders
  2. 2 Whether court should extend time to apply to set aside enforcement orders
  3. 3 Whether respondent is precluded from relying on Convention grounds under s44(2) by conduct (good faith/estoppel/waiver)

Ratio Decidendi

Entry of judgment did not preclude an application to set aside the enforcement orders but the court refused extension of time to First Media because of substantial deliberate delay (14 months), calculated decision not to act in Hong Kong, and lack of good reason; further, on the facts First Media was precluded by its conduct from relying on s44(2) grounds (breach of good faith/estoppel); Singapore Court of Appeal determinations on joinder/jurisdiction and related Singapore law issues are binding and preclude re-litigation in Hong Kong.

Court Disposition

Summons by PT First Media TBK dated 18 January 2012 dismissed in its entirety; Hong Kong Orders and Hong Kong Judgment remain undisturbed

Orders

  • Application for extension of time to apply to set aside Hong Kong Orders and Hong Kong Judgment refused
  • Summons to set aside Hong Kong Orders and Hong Kong Judgment dismissed