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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


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.

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