Recent Cases

Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd [2024] HCA 21 (05 June 2024) (Gageler CJ; Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ)


Catchwords:


Private international law – Foreign State immunity – Immunity from jurisdiction – Proceedings for winding up of body corporate registered as foreign company – Where appellants commenced proceeding for winding up of respondent under Pt 5.7 of Corporations Act 2001 (Cth) – Where respondent sought order that originating process be set aside on basis that court lacked jurisdiction by operation of ss 9 and 22 of Foreign States Immunities Act 1985 (Cth) (“Act”) – Where common ground that respondent an agency or instrumentality of Republic of Indonesia and accordingly a “separate entity” within meaning of Act and entitled to immunity from jurisdiction unless applicable exception from immunity – Where appellants rely on exception in s 14(3)(a) read with s 22 of Act – Where s 14(3)(a) of Act provides that “[a] foreign State is not immune in a proceeding in so far as the proceeding concerns … bankruptcy, insolvency or the winding up of a body corporate” – Where by operation of s 22 of Act, s 14(3)(a) applies “in relation to a separate entity of a foreign State” as it applies “in relation to the foreign State” – Whether exception from immunity in s 14(3)(a) read with s 22 applies to proceeding for winding up of body corporate that is separate entity of foreign State.

Words and phrases – “agency or instrumentality”, “exception from immunity”, “foreign State”, “immunity from jurisdiction”, “legislative history”, “purpose and context”, “separate entity”, “winding up”.