Greylag Goose Leasing 1410 Designated Activity Company & Anor v. P.T. Garuda Indonesia Ltd

Lower Court Judgment

14/06/2023 Supreme Court of New South Wales (Court of Appeal) (Bell CJ, Meagher & Kirk JJA)

[2023] NSWCA 134

Catchwords

Private international law – Jurisdiction – Immunities – Foreign State Immunities Act 1985 (Cth) (“FSIA”) – Where s 9 of FSIA  provides immunity for foreign States from proceedings in Australian courts, except as provided by FSIA – Where s 14(3)(a) of FSIA provides exception for proceedings concerning “bankruptcy, insolvency or the winding up of a body corporate” – Where appellants instituted proceedings to wind up respondent – Where respondent is separate entity of foreign State under FSIA – Where primary judge and Court of Appeal held s 14(3)(a) did not apply, because it applied only to insolvency or winding up of body corporate other than separate entity of foreign State – Whether Court of Appeal erred in construing s 14(3)(a) as not applying to proceedings in so far as they concern winding up, including in insolvency, of body corporate that is separate entity of foreign State.