DHI22 v Qatar Airways Q.C.S.C (No 3) [2024] FCA 351

Federal Court of Australia

DHI22 v Qatar Airways Q.C.S.C (No 3) [2024] FCA 351 File number(s): NSD 837 of 2022

Judgment of: HALLEY J

Date of judgment: 10 April 2024

Catchwords: PRIVATE INTERNATIONAL LAW – where second respondent asserts immunity under s 9 of the Foreign States Immunities Act 1985 (Cth) (FSI Act) – whether second respondent is a separate entity within the meaning of s 3(1) of the FSI Act – whether second respondent is an agency or instrumentality of the State of Qatar – whether second respondent is not a separate entity entitled to immunity because it was not exercising inherently governmental or sovereign functions – second respondent is a separate entity entitled to immunity under the FSI Act PRIVATE INTERNATIONAL LAW – whether the commercial transactions exception to foreign State immunity in s 11 of the FSI Act is made out – whether proceeding "concerns" a commercial transaction – where necessary to consider substance of case pleaded and conduct giving rise to claims – whether conduct can be properly characterised as a commercial, trading, business, professional or industrial or like transaction – exception to foreign State immunity not made out. TORTS – originating application advancing claims in negligence, assault, battery and false imprisonment – interlocutory application by second respondent to set aside service and the originating application and the further amended statement of claim in so far as they advance claims against second respondent on the basis of foreign State immunity – service and originating documents set aside

Legislation: Foreign States Immunities Act 1985 (Cth) s 3, Pt II, ss 9, 11, 13, 22, Pt IV, ss 32, 38 Human Rights Act 1998 (UK) Convention for the Protection of Human Rights and Fundamental Freedoms, done at Rome 4 November 1950, 213 UNTS 222, art 6 Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999, 2242 UNTS 309