Read the full judgment text of HCCT28/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 5 August 2002 before Hon Burrell J.
Procedure — Service of foreign court orders — Whether service complied with Indonesian law — Articles 388-390 HIR interpreted in context — Whether court should exercise discretion under Order 2 rule 1 RHC to affirm service despite irregularity — Arbitrations enforcement — Injunctions and cross-jurisdictional enforcement — Court held evidence inconclusive as to Indonesian service law applicability to foreign orders; service likely irregular but not nullity—court exercised discretion to affirm service due to good cause: actual notice given, genuine effort, injunction risk blocking proper re-service, absence of prejudice to defendant—Defendant’s application to set aside ex parte enforcement order dismissed with extended time for opposition and costs to plaintiff.
Legal issues: Service in accordance with Indonesian law · Exercise of discretion under Order 2 rule 1 RHC
Outcome: The purported service was affirmed as valid; defendant's summons dismissed; time extended for defendant to oppose ex parte order.