JUDGMENT

1 HIS HONOUR: These proceedings concern an application by the plaintiff for leave to enforce a foreign award pursuant to s.8 of the International Arbitration Act 1974 (Cth).

2 The plaintiff is a Singaporean company, Registration No. 198904927H. The foreign award in question is that of the Singapore International Arbitration Centre, dated 29 August 2007 (hereafter, “the Award”).

3 The plaintiff brought proceedings against the defendant who was one of three respondents named in the overseas arbitration proceedings that led to the making of the award. The award was made against him and the other two respondents to those proceedings. In an affidavit sworn 26 March 2008, Mr Lewis, solicitor for the plaintiff, states that he believes, having been informed by the plaintiff, that the defendant is domiciled in or is ordinarily a resident of New South Wales (Affidavit of Steven Lewis sworn 26 March 2008 at [15]).

4 At the hearing of this application, there was no appearance by or on behalf of the defendant. The defendant, however, had previously appeared through his then solicitor, on 17 April 2008 and on 8 and 29 May 2008.