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

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

Consolidation of all three appeals was refused. The Setting Aside Appeal and the Garnishee Order Appeals do not have sufficient overlapping factual issues or common legal questions to justify a single continuous hearing; because a successful Setting Aside Appeal would logically dispose of the Garnishee Order Appeals, the Setting Aside Appeal should be heard first and the Garnishee Order Appeals thereafter; AAL's application to fix hearing date was deferred until after disposal of the Setting Aside Appeal with liberty to apply; costs of this directions hearing ordered to be costs in the cause with certificate for one counsel and apportionment where parties involved in more than one case.

Citation
ASTRO NUSANTARA INTERNATIONAL B.V. AND OTHERS v. PT A YUNDA PRIMA MITRA AND OTHERS
Parties
Respondent/plaintiff: ASTRO NUSANTARA INTERNATIONAL B.V.; Respondent/plaintiff: ASTRO NUSANTARA HOLDINGS B.V.; Respondent/plaintiff: ASTRO MULTIMEDIA CORPORATION N.V.; Respondent/plaintiff: ASTRO MULTIMEDIA N.V.; Respondent/plaintiff: ASTRO OVERSEAS LIMITED (formerly known as AAAN (Bermuda) Limited); Respondent/plaintiff: ASTRO ALL ASIA NETWORKS PLC; Respondent/plaintiff: MEASAT BROADCAST NETWORK SYSTEMS SDN BHD; Respondent/plaintiff: ALL ASIS MULTIMEDIA NETWORK FZ-LLC; Appellant/defendant: PT A YUNDA PRIMA MITRA; Appellant/defendant: PT FIRST MEDIA TBK (formerly known as PT Broadband Multimedia TBK); Appellant/defendant: PT DIRECT VISION; Appellant/garnishee: ACROSSASIA LIMITED
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
2 September 2015
Case Number
CACV251/2013
Procedural Posture
Civil Appeal (court of Appeal) From HCCT 45/2010 / Directions Hearing (case Management)
Outcome
Application to consolidate the three appeals refused; ordered that the Setting Aside Appeal be heard first and the Garnishee Order Appeals be heard thereafter; AAL's application to fix hearing date deferred until after disposal of the Setting Aside Appeal with liberty to apply; costs in the cause with certificate...
Legal Topics
Setting Aside Judgment, Registration of Foreign Arbitral Award, Garnishee Order, Stay of Execution, Consolidation of Appeals, Double Jeopardy, Choice of Law, Leave to Appeal
Source Language
EN
Arbitration Civil Procedure Enforcement of Foreign Arbitral Awards Garnishee Proceedings Conflict of Laws Company Insolvency Setting Aside Judgment Registration of Foreign Arbitral Award +6 more

Case Brief

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Parties

ASTRO NUSANTARA INTERNATIONAL B.V.

Respondent/plaintiff

ASTRO NUSANTARA HOLDINGS B.V.

Respondent/plaintiff

ASTRO MULTIMEDIA CORPORATION N.V.

Respondent/plaintiff

ASTRO MULTIMEDIA N.V.

Respondent/plaintiff

ASTRO OVERSEAS LIMITED (formerly known as AAAN (Bermuda) Limited)

Respondent/plaintiff

ASTRO ALL ASIA NETWORKS PLC

Respondent/plaintiff

MEASAT BROADCAST NETWORK SYSTEMS SDN BHD

Respondent/plaintiff

ALL ASIS MULTIMEDIA NETWORK FZ-LLC

Respondent/plaintiff

PT A YUNDA PRIMA MITRA

Appellant/defendant

PT FIRST MEDIA TBK (formerly known as PT Broadband Multimedia TBK)

Appellant/defendant

PT DIRECT VISION

Appellant/defendant

ACROSSASIA LIMITED

Appellant/garnishee

Procedural Posture

Civil Appeal (court of Appeal) From HCCT 45/2010 / Directions Hearing (case Management)

Legal Issues

  1. 1 Whether the three appeals should be consolidated or heard together one immediately after another
  2. 2 Whether the Setting Aside Appeal should be heard and determined before the Garnishee Order Appeals
  3. 3 Whether there is sufficient overlap of facts or law to justify a single hearing

Ratio Decidendi

Consolidation of all three appeals was refused. The Setting Aside Appeal and the Garnishee Order Appeals do not have sufficient overlapping factual issues or common legal questions to justify a single continuous hearing; because a successful Setting Aside Appeal would logically dispose of the Garnishee Order Appeals, the Setting Aside Appeal should be heard first and the Garnishee Order Appeals thereafter; AAL's application to fix hearing date was deferred until after disposal of the Setting Aside Appeal with liberty to apply; costs of this directions hearing ordered to be costs in the cause with certificate for one counsel and apportionment where parties involved in more than one case.

Court Disposition

Application to consolidate the three appeals refused; ordered that the Setting Aside Appeal be heard first and the Garnishee Order Appeals be heard thereafter; AAL's application to fix hearing date deferred until after disposal of the Setting Aside Appeal with liberty to apply; costs in the cause with certificate...

Orders

  • Application to hear all three appeals together one immediately after another refused
  • Setting Aside Appeal (CACV 66/2015) to be heard first; Garnishee Order Appeals (CACV 251/2013 and CACV 253/2013) to be heard thereafter