Walker v Government of the Republic of Vanuatu [2011] FCAFC 138

Walker v Government of the Republic of Vanuatu [2011] FCAFC 138

The Foreign States Immunities Act 1985 (Cth) s 9 conferred immunity on the Government of the Republic of Vanuatu from the jurisdiction of the Federal Court in these proceedings. The exceptions to immunity under the Act were not engaged on the facts as found, and the Admiralty Act 1988 (Cth) did not override this immunity. Therefore, the service out of jurisdiction and the substantive claim against Vanuatu were properly set aside and dismissed.

Parties
Appellant: Kell Walker; First Respondent: Government of the Republic of Vanuatu; Second Respondent: Michael Hatcher
Jurisdiction
Australia
Judgment Date
04 November 2011
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Sovereign Immunity, Jurisdiction Over Foreign States, Admiralty Claims, Service Out of Jurisdiction
International Law Admiralty Sovereign Immunity Jurisdiction Over Foreign States Admiralty Claims Service Out of Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Kell Walker

Appellant

Government of the Republic of Vanuatu

First Respondent

Michael Hatcher

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Government of the Republic of Vanuatu is immune from the jurisdiction of the Federal Court of Australia in proceedings concerning the seizure or detention of the MV Retriever 1 under the Foreign States Immunities Act 1985 (Cth)
  2. 2 Whether the Admiralty Act 1988 (Cth) confers jurisdiction over Vanuatu notwithstanding immunity granted by the Foreign States Immunities Act
  3. 3 Whether primary judge ought to have confirmed service out of the jurisdiction on Vanuatu

Ratio Decidendi

The Foreign States Immunities Act 1985 (Cth) s 9 conferred immunity on the Government of the Republic of Vanuatu from the jurisdiction of the Federal Court in these proceedings. The exceptions to immunity under the Act were not engaged on the facts as found, and the Admiralty Act 1988 (Cth) did not override this immunity. Therefore, the service out of jurisdiction and the substantive claim against Vanuatu were properly set aside and dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the first respondent's costs.