Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Malaysian Airline System Berhad [2010] FCA 757
Citation: Australian Competition and Consumer Commission v Malaysian Airline System Berhad [2010] FCA 757
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v MALAYSIAN AIRLINE SYSTEM BERHAD ARBN 000 996 903 and MALAYSIA AIRLINES CARGO SDN BHD
File number(s): NSD 373 of 2010
Judge: JACOBSON J
Date of judgment: 21 July 2010
Catchwords: PRACTICE AND PROCEDURE – Foreign States Immunities Act 1985 (Cth) – whether respondents immune from jurisdiction of the Court in proceedings brought against it by the applicant – application of evidence to statutory test for separate entity – where commercial transaction exception to immunity does not apply
Legislation: Foreign States Immunities Act 1985 (Cth) Trade Practices Act 1974 (Cth) Evidence Act 1995 (Cth)
Cases cited: Australian Competition and Consumer Commission v P.T. Garuda Indonesia Ltd [2010] FCA 551 followed Dole Food Co v Patrickson 538 US 468 (2003) applied Compania Naviera Vascongado v The Cristina [1938] AC 485 referred to Re Application of The News Corp Limited (1987) 15 FCR 227 cited State Bank of New South Wales v Commonwealth Savings Bank of Australia (1986) 161 CLR 639 considered State Government Insurance Corporation v Government Insurance Office (New South Wales) (1991) 101 ALR 259 discussed Re Broadcasting Station 2GB Pty Limited [1964-65] NSWR 1648 cited Aziz v Yemen [2005] ICR 1391 considered Trendtex Trading Corporation v Central Bank of Nigeria [1977] QB 529 considered Ex parte The Association of Professional Engineers Australia (1959) 107 CLR 208 discussed Bropho v State of Western Australia (1990) 171 CLR 1 referred to Kensington International Limited v Republic of the Congo (formerly People's Republic of the Congo) [2005] EWITC 2684 (Comm) referred to Adeang v The Nauru Phosphate Royalties Trust (unreported, Sup Ct, Vic, Hayne J, 6571 of 1992, 8 July 1992) referred to Mellenger v New Brunswick Development Corporation [1971] 1 WLR 604 distinguished
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