11 Apr 2018
ASTRO NUSANTARA INTERNATIONAL B.V. AND OTHERS v. PT FIRST MEDIA TBK
- Citation
- [2018] HKCFA 12
- Court
- Court of Final Appeal
- Case number
- FACV14/2017
The Court held the proper test for extending time is to consider all relevant matters and the overall justice of the case (eschewing Terna Bahrain’s mechanistic emphasis); the courts below erred by over-weighting the fact awards were not set aside at the seat and by failing to give proper weight to the conclusive Singapore Court of Appeal finding that the tribunal lacked jurisdiction as to the Additional Parties. Given the strong merits and lack of uncompensable prejudice from the delay, the extension must be granted.