Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd [2023] NSWCA 134

Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd [2023] NSWCA 134

Section 14(3)(a) of the Foreign States Immunities Act 1985 (Cth) does not subject a foreign state or its separate entities to winding up proceedings in Australia; instead, it applies only when the proceedings concern bankruptcy, insolvency, or winding up in which the foreign state or entity has or claims an interest in property, not when it is itself the target of such proceedings.

Jurisdiction
Australia
Judgment Date
14 June 2023
Procedural Posture
Appeal / Court of Appeal Judgment on Application for Leave and Appeal
Outcome
Leave to appeal granted; appeal dismissed with costs.
Legal Topics
['foreign States Immunities Act 1985 (cth)' 'winding Up of Foreign Corporations' 'statutory Interpretation' 'exceptions to State Immunity' 'jurisdiction of Australian Courts Over Foreign Sovereign Entities']
['corporations Law' 'private International Law'] ['foreign States Immunities Act 1985 (cth)' 'winding Up of Foreign Corporations' 'statutory Interpretation' 'exceptions to State Immunity' 'jurisdiction of Australian Courts Over Foreign Sovereign Entities']

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Procedural Posture

Appeal / Court of Appeal Judgment on Application for Leave and Appeal

Legal Issues

  1. 1 ['Whether s 14(3)(a) of the Foreign States Immunities Act 1985 (Cth) removes immunity for foreign states or separate entities in winding up proceedings against them' 'Proper construction of s 14(3) FSIA—whether the exception to immunity applies to winding up proceedings where the body corporate is itself a separate entity of the foreign state or only where the foreign state has an interest in property in such proceedings' 'Whether the literal or purposive construction of s 14(3)(a) should prevail']

Ratio Decidendi

Section 14(3)(a) of the Foreign States Immunities Act 1985 (Cth) does not subject a foreign state or its separate entities to winding up proceedings in Australia; instead, it applies only when the proceedings concern bankruptcy, insolvency, or winding up in which the foreign state or entity has or claims an interest in property, not when it is itself the target of such proceedings.

Court Disposition

Leave to appeal granted; appeal dismissed with costs.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed with costs.']