Yan Xie v Chen Shaoji [2008] NSWSC 224

Yan Xie v Chen Shaoji [2008] NSWSC 224

The Foreign States Immunities Act 1985 applies to the defendant, who is certified as part of the government of a foreign State. Service of process was not effected in accordance with the requirements of the Act, and therefore entry of default judgment is precluded. Leave is granted to the Attorney General to intervene, limited to making submissions concerning procedures for effecting service of process under the Act.

Jurisdiction
Australia
Judgment Date
17 March 2008
Procedural Posture
Civil / Ruling on Competing Notices of Motion: Attorney General's Application for Leave to Intervene and Plaintiffs' Application for Default Judgment
Outcome
Attorney General's notice of motion granted in part; plaintiffs' notice of motion dismissed.
Legal Topics
['intervention of Attorney General' 'default Judgment' 'service of Process' 'foreign State Immunity']
['practice and Procedure'] ['intervention of Attorney General' 'default Judgment' 'service of Process' 'foreign State Immunity']

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Procedural Posture

Civil / Ruling on Competing Notices of Motion: Attorney General's Application for Leave to Intervene and Plaintiffs' Application for Default Judgment

Legal Issues

  1. 1 ['Whether the Attorney General may intervene as a non-party or appear as amicus curiae' 'Whether service on the defendant was effected in accordance with the Foreign States Immunities Act 1985' 'Whether default judgment can be entered against the defendant']

Ratio Decidendi

The Foreign States Immunities Act 1985 applies to the defendant, who is certified as part of the government of a foreign State. Service of process was not effected in accordance with the requirements of the Act, and therefore entry of default judgment is precluded. Leave is granted to the Attorney General to intervene, limited to making submissions concerning procedures for effecting service of process under the Act.

Court Disposition

Attorney General's notice of motion granted in part; plaintiffs' notice of motion dismissed.

Orders

  • ['Leave granted to Attorney General to intervene in the proceedings' 'Leave limited to making submissions concerning procedures for service of process under the Foreign States Immunities Act 1985' "Plaintiffs' notice of motion dismissed"]