Case S29/2015

Firebird Global Master Fund II Ltd v. Republic of Nauru & Anor

Case No.


Case Information

Lower Court Judgment

23/10/2014 Supreme Court of New South Wales (Court of Appeal) (Bathurst CJ, Beazley P, Basten JA)

[2014] NSWCA 360


Recognition, effect and enforcement of foreign judgments – enforcement of foreign judgments – Foreign States immunity – Where appellant is the holder of bonds issued by an entity which was guaranteed by the government of Nauru – where the bond issuer and guarantor defaulted – Where appellant recovered a judgment in Japan equivalent to 31 million Australian dollars – Whether s 9 of the Foreign States Immunities Act 1985 (Cth) renders first respondent immune to an application to the Court for an order for the registration of the foreign judgment under s 6 of the  Foreign Judgments Act 1991 (Cth).

Short Particulars


13/02/2015 Hearing (SLA, Sydney)

27/02/2015 Notice of appeal

03/03/2015 Submitting appearance (Second Respondent)

20/03/2015 Written submissions (Appellant)

20/03/2015 Chronology (Appellant)

20/04/2015 Written submissions (First Respondent)

27/04/2015 Written submissions (Attorney-General of the Commonwealth seeking leave to intervene)

11/05/2015 Reply

01/06/2015 Summons seeking leave to file Notice of Contention (First Respondent)

02/09/2015 Hearing (Full Court, Canberra) (Audio visual recording)

03/09/2015 Hearing (Full Court, Canberra) (Audio visual recording)

02/12/2015 Judgment (Judgment summary)

23/12/2015 Judgment