6 Dec 2001
BANK AUSTRIA AKTIENGESELLSCHAFT v. SUWARDI SUKAMTO
- Citation
- BANK AUSTRIA AKTIENGESELLSCHAFT v. SUWARDI SUKAMTO
- Court
- Court of First Instance
- Case number
- HCA15309/1998
The substituted service order and resulting default judgment were irregular because there was insufficient basis to conclude the defendant was or probably would be found in Singapore; however the court has discretion to set aside an irregular judgment on terms where there is evidence of evasion and a real risk that any future judgment would be unenforceable — accordingly the judgment is set aside but on the Master's imposed terms requiring the defendant to pay US$1,228,000 into court within 28 days; appeal dismissed and cross‑appeal dismissed.