Case P14/2015

PT Bayan Resources TBK v. BCBC Singapore Pte Ltd & Ors

Case No.

P14/2015

Case Information

Lower Court Judgment

25/09/2014 Supreme Court of Western Australia (Court of Appeal) (McLure P, Buss JA, Murphy JA)

[2014] WASCA 178

Catchwords

Procedure – Judgments and orders – Freezing orders – Jurisdiction of the Supreme Court to make freezing orders – Order 52A Rules of the Supreme Court of Western Australia 1971 (WA) („Rules?) – Where the first respondent commenced proceedings against the appellant in the High Court of Singapore – Where no decision has been handed down by the High Court of Singapore in respect of the matter – Where the first respondent commenced proceedings in Western Australia against the appellant for an order to freeze the appellant’s assets in Western Australia – Where no other proceedings aside from the application for freezing orders have been commenced or will be commenced unless the first respondent is successful in its action in the High Court of Singapore – Whether order 52A of the Rules is inconsistent with Pt 2 of the Foreign Judgments Act 1991 (Cth) ("Act") for the purpose of s 109 of the Constitution in circumstances where no substantive proceedings apart from the application for the freezing order have been or are to be commenced – Whether order 52A is ultra vires pursuant to s 17 of the Act – Whether freezing orders with respect to a prospective foreign judgment are within the inherent or implied jurisdiction of Australian superior courts.

Short Particulars

Documents

13/03/2015 Hearing (SLA, Sydney)

26/03/2015 Notice of appeal

26/03/2015 Notice of constitutional matter (Appellant)

02/04/2015 Submitting appearance (Second Respondent)

08/04/2015 Written submissions (Appellant)

08/04/2015 Chronology (Appellant)

29/04/2015 Written submissions (First Respondent)

29/04/2015 Written submissions (Third Respondent)

06/05/2015 Written submissions (Attorney-General of the Commonwealth intervening)

06/05/2015 Written submissions (Attorney-General of the State of Queensland intervening)

06/05/2015 Written submissions (Attorney-General for the State of Victoria intervening)

13/05/2015 Reply

10/08/2015 Hearing (Full Court, Perth)

11/08/2015 Hearing (Full Court, Perth)

14/10/2015 Judgment (Judgment summary)