TRANSPAC CAPITAL PTE LIMITED v BUNTORO [2008] NSWSC 671

New South Wales Supreme Court

CITATION : TRANSPAC CAPITAL PTE LIMITED v BUNTORO [2008] NSWSC 671

HEARING DATE(S) : Tuesday 10 June 2008

JUDGMENT DATE : 7 July 2008

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

(1) That leave be granted to enforce the Award, that being the Final Award of the Singapore International Arbitration Centre number ARB 057 of 2005, dated 20 August 2007, in this Court as if the Award had been made in this State in accordance with the laws of this State and in the same manner as a judgment of this Court with respect to the amounts set out in paragraph (2) below. (2) That there be an order for judgment for the plaintiff in accordance with the terms of the Award, as follows: (a) US$5,000,000 – being $6,282,196.26 Australian dollars (as at the date of the Award). DECISION : (b) US$531,014.45 – being $667,187.40 Australian dollars (as at the date of the Award). (c) US$1,371,784.13 – being $1,723,563.43 Australian dollars (as at the date of the Award). (d) S$109,461.57 – being $90,143.76 Australian dollars (as at the date of the Award). (3) The total of the amounts in (2)(a) to (d) above is $8,763,090.85 and an order for judgment in that total sum is, accordingly, to be entered for the plaintiff. I order the defendant to pay the costs of this application as agreed or assessed.

CATCHWORDS : PRACTICE AND PROCEDURE – INTERNATIONAL ARBITRATION – enforcement of foreign award under International Arbitration Act 1974 (Cth) – whether contractual agreements are arbitration agreements for the purpose of the Act – whether the Singaporean award is a foreign award for the purpose of the Act – formalities imposed by the Act for recognition of foreign awards