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HIGH COURT MALAYA KUALA LUMPUR
PT ADHIYASA SARANAMAS – Appellant
Versus
KUMPULAN GUTHRIE BHD & ORS – Respondent
| Table of Content |
|---|
| 1. enforcement of indonesian judgment (Para 1 , 2 , 3) |
| 2. issues of enforceability and satisfaction (Para 4 , 6) |
| 3. enforceability of the indonesian judgment clarified. (Para 5) |
| 4. requirements for judgment enforceability (Para 7 , 8 , 11) |
| 5. finality and conclusiveness of judgments (Para 9 , 10 , 19) |
| 6. authority and revocation of power of attorney (Para 12 , 22) |
| 7. expert testimony on foreign law (Para 13 , 20 , 24) |
| 8. expert testimony on authority and revocation of powers considered. (Para 14 , 15 , 16 , 17 , 18 , 21 , 23 , 25) |
[1] On 22 January 2008 the plaintiff obtained judgment from the Supreme Court of Indonesia against the 1st defendant for a sum of USD 25,760,000.00 together with interest. To enforce the Indonesian judgment, the plaintiff proceeded to attach the assets of the 4 to 7 defendants pursuant to an order of the District Court of South Jakarta dated 10 June 2009.
[2] On 26 October 2011 one Abraham Tedjanegara (Abraham) and the 1st defendant entered into a Deed of Settlement dated 26 October 2011. The Deed of Settlement was recorded before the Indonesian Court and certain executorial attachments filed by the plaintiff over the 1st defendant's subsidiaries w
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