Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd [2022] NSWSC 1623

Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd [2022] NSWSC 1623

Section 14(3)(a) of the Foreign States Immunities Act 1985 (Cth) does not remove immunity for foreign States or separate entities in proceedings concerning their own winding up, unless another statutory exception applies. Therefore, the proceedings for Garuda's winding up were inconsistent with its immunity under the Act.

Jurisdiction
Australia
Judgment Date
28 November 2022
Procedural Posture
Winding Up Application / Application to Set Aside Originating Process
Outcome
Originating Process set aside; plaintiffs to pay defendant's costs.
Legal Topics
['sovereign Immunity' 'foreign State Immunities Act Exceptions' 'winding Up Proceedings Against Foreign Entities']
['private International Law' 'corporations Law'] ['sovereign Immunity' 'foreign State Immunities Act Exceptions' 'winding Up Proceedings Against Foreign Entities']

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Procedural Posture

Winding Up Application / Application to Set Aside Originating Process

Legal Issues

  1. 1 ['Does s 14(3)(a) of the Foreign States Immunities Act 1985 (Cth) remove immunity for winding up proceedings against a foreign company registered under the Corporations Act?' 'Whether Garuda, as a separate entity, is susceptible to winding up by the Court under s 14(3)(a)']

Ratio Decidendi

Section 14(3)(a) of the Foreign States Immunities Act 1985 (Cth) does not remove immunity for foreign States or separate entities in proceedings concerning their own winding up, unless another statutory exception applies. Therefore, the proceedings for Garuda's winding up were inconsistent with its immunity under the Act.

Court Disposition

Originating Process set aside; plaintiffs to pay defendant's costs.

Orders

  • ['The Originating Process filed by the first plaintiff and second plaintiff on 15 August 2022 is set aside.' "The plaintiffs are to pay the defendant's costs of the motion."]