Raja Azlan Shan FJ:

The appellants in this case are the defendants in an action before the High Court in which they are sued by the respondent for damages for injuries sustained in the course of employment arising from an alleged unsafe system of work. By his statement of claim the respondent alleges that the appellants were guilty of negligence in not providing a safe system of work.

Since the accident occurred in Samarinda, Kalimantan, Indonesia, a place outside the jurisdiction of our courts, the question of jurisdiction was in issue The respondent's cause of action, as the learned trial judge held, arose from the submission of the appellants to the jurisdiction of the court. The appellants had entered unconditional appearance. They took objection but the matter was not pursued at great length and no serious discussion was taken in the court below. They further argued that it was for the respondent to establish that his claim was justifiable and/ or actionable in the place where the wrong was committed and it was not for the appellants or the court to establish that the wrong complained of was or was not actionable or justifiable in the place where the wrong was commit