Federal Court of Australia
Federal Court of Australia
Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (Security for Costs) [2024] FCAFC 113 Appeal from: Infrastructure Services Luxembourg S.à.r.l. v Kingdom of Spain (security for costs) [2024] FCA 234
File number: NSD 367 of 2024
Judgment of: PERRAM, DERRINGTON AND FEUTRILL JJ
Date of judgment: 29 August 2024
Date of publication of reasons: 2 September 2024
Catchwords: PRACTICE AND PROCEDURE – application for security for costs against foreign state – where security sought in relation to application to set aside examination orders – whether set aside application made under s 35A(5) of Federal Court of Australia Act 1976 (Cth) or r 39.05 of Federal Court Rules 2011 (Cth)
Legislation: Consular Privileges and Immunities Act 1972 (Cth) s 5 Federal Court of Australia Act 1976 (Cth) s 35A Federal Court Rules 2011 (Cth) rr 1.34, 3.11, 39.05, 41.10 Uniform Civil Procedure Rules 2005 (NSW) r 38.2 Vienna Convention on Consular Relations, opened for signature 24 April 1963, 596 UNTS 261 (entered into force 19 March 1967) Arts 40, 44
Cases cited: Bechara v Bates [2021] FCAFC 34; 286 FCR 166 Eiser Infrastructure Ltd v Kingdom of Spain [2020] FCA 157 Harris v Calladine (1991) 172 CLR 84 House v The King (1936) 55 CLR 499 Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 112; 284 FCR 319 Kingdom of Spain v Infrastructure Services Luxembourg sarl [2023] HCA 11; 275 CLR 292
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