ML Ubase Holdings Co Limited v Trigem Computer Inc. [2005] NSWSC 224

New South Wales Supreme Court

CITATION : ML Ubase Holdings Co Limited v Trigem Computer Inc. [2005] NSWSC 224

HEARING DATE(S) : 17/03/05

JUDGMENT DATE : 17 March 2005

Equity Division JURISDICTION : Commercial List

JUDGMENT OF : Einstein J

DECISION : Orders made including (1) grant of leave to enforce the Arbitral Award in same manner as a judgment of Supreme Court in the sum of US$10,745,292.57 plus interest accruing at the rate of 4.5 percent from 18 January, 2002 to the date of payment and (2) order that judgment be entered for the plaintiff in this sum plus interest so accruing.

CATCHWORDS : Practice and Procedure - Service of process - Service out of jurisdiction - Application for leave to proceed before Supreme Court of New South Wales - Principles - Arbitral Award made in New York - UNCITRAL Arbitration Rules - Arbitral Award constituting "foreign award" pursuant to the International Arbitration Act 1974 (Cth) - Parties to Arbitral Award both parties to Convention on the Recognition and Enforcement of Foreign Arbitral Awards - Treaty on Judicial Assistance in Civil and Commercial Matters between Australia and the Republic of Korea - No destructive tension between personal service effected on defendant under the Supreme Court Rules and service under Treaty - Treaty provisions held to be permissive

International Arbitration Act 1974 (Cth) Offshore Companies Act 1990 of Malaysia LEGISLATION CITED : Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW)

Agar v Hyde (2000) 201 CLR 552 CASES CITED : Williams v Lips-Heerlen BV [1 November 1991, Giles J]

ML Ubase Holdings Co Limited (Plaintiff) PARTIES : Trigem Computer Inc (Defendant)