High Court of Australia

PT Bayan Resources TBK v BCBC Singapore Pte Ltd [2015] HCA 36

14 Oct 2015

Case Number: P14/2015


French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJ


Procedure – Freezing orders – Power of Supreme Court of Western Australia to make freezing order in relation to prospective judgment of foreign court which would be registrable under Foreign Judgments Act 1991 (Cth) – First respondent commenced proceeding against appellant in High Court of Singapore – Proceeding remains pending – First respondent applied to Supreme Court for freezing order under O 52A of Rules of the Supreme Court 1971 (WA) against appellant's assets – Freezing order made – Whether freezing order in relation to prospective foreign judgment within inherent power of Supreme Court.

Words and phrases – "federal jurisdiction", "freezing order", "inherent jurisdiction", "inherent power", "prospective enforcement".

Foreign Judgments Act 1991 (Cth) – Pt 2, s 17.

Judiciary Act 1903 (Cth) – ss 39(2), 79.

Supreme Court Act 1935 (WA) – s 167(1)(a).

Rules of the Supreme Court 1971 (WA) – O 52A.
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