By -

Key decisions

  • PT Bayan Resources TBK v BCBC Singapore Pte Ltd [2015] HCA 36
  • Alcan Gove Pty Ltd v Zabic [2015] HCA 33
  • D’Arcy v Myriad Genetics Inc [2015] HCA 35

Courts

Powers – power of state court to make freezing orders in anticipation of registrable foreign judgment

In PT Bayan Resources TBK v BCBC Singapore Pte Ltd [2015] HCA 36 (14 October 2015) the High Court concluded that the Supreme Court WA had inherent power conferred by s 39(2) of the Judiciary Act 1903 (Cth) to make a freezing order under Supreme Court Rules (WA) ord 52A in respect of a prospective judgment that could be registered under the Foreign Judgements Act 1991 (Cth).

The Court concluded this power was relevantly applied by s 79 of the Judiciary Act and there was no inconsistency: French CJ, Kiefel, Bell, Gageler, and Gordon JJ jointly; sim Keane and Nettle JJ jointly. Appeal from Court of Appeal (WA) dismissed.

You've reached the end of this article preview

There's more to read! Subscribe to LSJ today to access the rest of our updates, articles and multimedia content.

Subscribe to LSJ

Already an LSJ subscriber or Law Society member? Sign in to read the rest of the article.

Sign in to read more