High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ, KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJ
PT BAYAN RESOURCES TBK APPELLANT
AND
BCBC SINGAPORE PTE LTD & ORS RESPONDENTS
PT Bayan Resources TBK v BCBC Singapore Pte Ltd [2015] HCA 36 14 October 2015 P14/2015
ORDER
Appeal dismissed with costs.
On appeal from the Supreme Court of Western Australia
Representation
B W Walker QC with P Kulevski for the appellant (instructed by Clayton Utz Lawyers)
A S Bell SC with D J Roche for the first respondent (instructed by Herbert Smith Freehills)
Submitting appearance for the second respondent
G R Donaldson SC, Solicitor-General for the State of Western Australia with M Georgiou for the third respondent (instructed by State Solicitor (WA))
Interveners
S B Lloyd SC with D P Hume for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)
P J Dunning QC, Solicitor-General of the State of Queensland with G D Beacham and J A Kapeleris for the Attorney-General of the State of Queensland, intervening (instructed by Crown Law (Qld))
R M Niall QC, Solicitor-General for the State of Victoria with C J Tran for the Attorney-General for the State of Victoria, intervening (instructed by Victorian Government Solicitor)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
PT Bayan Resources TBK v BCBC Singapore Pte Ltd
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.
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