JUDGMENT

Choo Kah Sing J:

Introduction

[1] The plaintiff's cause of action was based on the common law rule of recognising and enforcing a foreign judgment in personam in Malaysia. This Court has heard the oral submission and read the extensive written submissions of the parties' counsels respectively. On 12 May 2021, this Court allowed the plaintiff to enter judgment against the defendant. The reasons for the decision of this Court are set out below.

Brief Background Facts

[2] The plaintiff company, an Indonesian entity, brought a civil suit against the one Muehlbauer AG (a German entity) and the defendant, a Malaysian entity, as the first and second defendants respectively, in the South Jakarta District Court (hereafter 'the District Court'). The plaintiff's suit in the District Court was premised on two causes of action, namely, breach of contract and tort of conspiracy (hereafter 'the unlawful act claim'). The latter is considered as an illegal act under Article 1365 of the Indonesian Civil Code , Book Three - Contract, under the heading Chapter III - Contracts arising by force of law.

[3] The plaintiff's suit in the District Court stemmed from a contract dated 26 May 2011 which wa