Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Walker v Government of the Republic of Vanuatu [2011] FCA 364 Citation: Walker v Government of the Republic of Vanuatu [2011] FCA 364
Parties: KELL WALKER v GOVERNMENT OF THE REPUBLIC OF VANUATU and MICHAEL HATCHER
File number(s): QUD 198 of 2009
Judge: GREENWOOD J
Date of publication of reasons: 13 April 2011
Date of orders: 25 March 2011
Catchwords: ADMIRALTY – consideration of whether claims recited in an amended application and statement of claim are justiciable before the Federal Court of Australia PRACTICE AND PROCEDURE – consideration of an application to set aside service of proceedings upon the Republic of Vanuatu – consideration of whether claims recited in an amended application and statement of claim are justiciable before the Federal Court – consideration of Order 8, rule 3(1), (2) and (5) of the Federal Court Rules
Legislation: Foreign States Immunities Act 1985 (Cth), s 9, s 10, s 13, s 18, s 23, s 24, s 25 Foreign Proceedings (Excess of Jurisdiction) Act 1984 (Cth), s 9 and s 10 Federal Court Rules, Order 8, rule 3
Cases cited: Compania Vaiera Vascongada v Steamship Cristina [1938] AC 485 - cited Playa Largo (Owners of Cargo lately laden on Board) v I Congreso del Partido (Owners) (I Congreso del Partido) [1983] 1 AC 244 - cited Philippine Admiral (Owners) v Wallem Shipping (Hong Kong) [1977] AC 373 - cited Trendtex Trading Corporation v Central Bank of Nigeria [1977] QB 529 – cited
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