5 Aug 2002
KARAHA BODAS CO. LLC v. PERUSAHAAN PERTAMBANGAN AND ANOTHER
- Citation
- KARAHA BODAS CO. LLC v. PERUSAHAAN PERTAMBANGAN AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCCT28/2002
The court could not decisively determine Indonesian law on service from the evidence but, assuming non-compliance, the failure amounted to an irregularity not a nullity. On the balance of factors — KBC's genuine and diligent attempts to effect service, the documents reaching Pertamina's senior personnel, lack of prejudice to Pertamina, Pertamina's role in creating obstacles (including initiating annulment proceedings and contempt findings in Texas), and real risk re-service would be impeded by the Indonesian injunction — the court exercised its discretion under Order 2 r 1 to affirm and decla…