Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v P.T. Garuda Indonesia Ltd [2010] FCA 551 Citation: Australian Competition and Consumer Commission v P.T. Garuda Indonesia Ltd [2010] FCA 551
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v P.T. GARUDA INDONESIA LTD ARBN 000 861 165
File number(s): NSD 955 of 2009
Judge: JACOBSON J
Date of judgment: 2 June 2010
Catchwords: PRACTICE AND PROCEDURE – Foreign States Immunities Act 1985 (Cth) - whether respondent immune from jurisdiction of the Court in proceeding brought against it by the applicant - statutory test for separate entity - whether commercial transaction exception to immunity applies – characterisation of the proceedings brought by the applicant against the respondent
Legislation: Foreign States Immunities Act 1985 (Cth) Trade Practices Act 1974 (Cth) s 45 Acts Interpretation Act 1901 (Cth) s 15AA State Immunity Act 1978 (UK) Evidence Act 1995 (Cth) s 136
Cases cited: CIC Insurance v Bankstown Football Club Ltd (1997) 187 CLR 384 followed Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 followed The Schooner Exchange v McFadden 7 Cranch 116 (1812) referred to Trendtex Trading Corp v Central Bank of Nigeria [1977] QB 529 discussed Re Anti-Cancer Council of Victoria; Ex parte State Public Services Federation (1992) 175 CLR 442 cited Adeang v The Nauru Phosphate Royalties Trust (unreported, Sup Ct, Vic, Hayne J, 6571 of 1992, 8 July 1992) followed Mellenger v New Brunswick Development Corporation [1971] 1 WLR 604 discussed Alcom Limited v Republic of Columbia [1984] AC 580 Australian Federation of Islamic Councils Inc v Westpac Banking Corporation (1988) 17 NSWLR 623 referred to Thor Shipping A/S v The Ship "Al Duhail" (2008) 173 FLR 524 referred to Svenska Petroleum Exploration AB v Government of the Republic of Lithuania (No 2) [2007] QB 886 followed Holland v Lampen-Wolfe [2000] 1 WLR 1573 followed AIC Limited v Federal Government of Nigeria [2003] EWHC 1357 (QB) followed
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