P. T. Garuda Indonesia Ltd v. Australian Competition & Consumer Commission

Lower Court Judgment

19/04/2011 Federal Court of Australia (Lander J, Greenwood J, Rares J)

[2011] FCAFC 52

Catchwords

Public international law — Jurisdiction — Sovereign immunity — Section 11(1) of Foreign States Immunities Act 1985 (Cth) ("Act") provides that a foreign State is not immune in a proceeding that concerns a "commercial transaction" — Respondent commenced proceedings against applicant alleging anti-competitive conduct in relation to international air freight contrary to Pt IV of Trade Practices Act 1974 (Cth) — Applicant a "separate entity" of Republic of Indonesia, as defined in s 22 of Act — Respondent alleges applicant participated in conduct outside Australia amounting to arrangements or understandings with other carriers concerning fuel surcharges — Whether civil penalty proceeding brought by respondent against an entity otherwise entitled to sovereign immunity falls within "commercial transaction" exception in Act — Whether applicant immune under Act from exercise of jurisdiction.

Words and phrases — "commercial transaction", "concern".

Short Particulars