ZHANG v ZEMIN & ORS [2008] NSWSC 1296

ZHANG v ZEMIN & ORS [2008] NSWSC 1296

The FSI Act extends immunity to foreign States and their officials for acts done in their official capacity, including acts of torture. There is no exception to immunity for civil claims based on torture. The s 40 certificate was admissible and conclusive, establishing the defendants' official status, and accordingly, the defendants are immune from the jurisdiction of the court.

Jurisdiction
Australia
Judgment Date
14 November 2008
Procedural Posture
Civil / Preliminary Question on Jurisdiction
Outcome
Defendants immune from jurisdiction; proceeding dismissed on this basis.
Legal Topics
['state Immunity' 'foreign State Immunity' 'acts of Torture' 'jurisdiction' 'international Law']
['public International Law' 'civil Procedure'] ['state Immunity' 'foreign State Immunity' 'acts of Torture' 'jurisdiction' 'international Law']

Case Brief

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Procedural Posture

Civil / Preliminary Question on Jurisdiction

Legal Issues

  1. 1 ['Admissibility of certificate under s 40 of the Foreign States Immunities Act 1985 (Cth)' 'Whether the defendants are immune from jurisdiction under the Foreign States Immunities Act 1985 (Cth)']

Ratio Decidendi

The FSI Act extends immunity to foreign States and their officials for acts done in their official capacity, including acts of torture. There is no exception to immunity for civil claims based on torture. The s 40 certificate was admissible and conclusive, establishing the defendants' official status, and accordingly, the defendants are immune from the jurisdiction of the court.

Court Disposition

Defendants immune from jurisdiction; proceeding dismissed on this basis.

Orders

  • ['The Attorney General is granted leave to appear as an intervenor in the proceedings.' 'The question of the jurisdiction of the Court over the Defendants is determined as a preliminary question pursuant to Part 28 of the Uniform Civil Procedure Rules 2005.' 'The Defendants are immune from the jurisdiction of the...