Full Court Minute Books

Case S135/2023

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

Case No.

Case no S135/2023

Case Information

Lower Court Judgment

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

[2023] NSWCA 134


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.


19/10/2023 Determination (SLA, Canberra)

02/11/2023 Notice of appeal

07/12/2023 Written submissions (Appellants)

07/12/2023 Chronology (Appellants)

11/01/2024 Written submissions (Respondent)

01/02/2024 Reply

07/03/2024 Hearing (Full Court, Canberra) (Audio-visual recording)

07/03/2024 Outline of oral argument (Appellants)

07/03/2024 Outline of oral argument (Respondent)


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