High Court of Australia
HIGH COURT OF AUSTRALIA
GAGELER CJ,
GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJ
GREYLAG GOOSE LEASING 1410 DESIGNATED
ACTIVITY COMPANY & ANOR APPELLANTS
AND
P.T. GARUDA INDONESIA LTD RESPONDENT
Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd
[2024] HCA 21
Date of Hearing: 7 March 2024
Date of Judgment: 5 June 2024
S135/2023
ORDER
Appeal dismissed with costs.
On appeal from the Supreme Court of New South Wales
Representation
P D Herzfeld SC with C Trahanas for the appellants (instructed by K&L Gates)
S J Maiden KC with E L Beechey for the respondent (instructed by Baker McKenzie)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd
Private international law – Foreign State immunity – Immunity from jurisdiction – Proceedings for winding up of body corporate registered as foreign company – Where appellants commenced proceeding for winding up of respondent under Pt 5.7 of Corporations Act 2001 (Cth) – Where respondent sought order that originating process be set aside on basis that court lacked jurisdiction by operation of ss 9 and 22 of Foreign States Immunities Act 1985 (Cth) ("Act") – Where common ground that respondent an agency or instrumentality of Republic of Indonesia and accordingly a "separate entity" within meaning of Act and entitled to immunity from jurisdiction unless applicable exception from immunity – Where appellants rely on exception in s 14(3)(a) read with s 22 of Act – Where s 14(3)(a) of Act provides that "[a] foreign State is not immune in a proceeding in so far as the proceeding concerns ... bankruptcy, insolvency or the winding up of a body corporate" – Where by operation of s 22 of Act, s 14(3)(a) applies "in relation to a separate entity of a foreign State" as it applies "in relation to the foreign State" – Whether exception from immunity in s 14(3)(a) read with s 22 applies to proceeding for winding up of body corporate that is separate entity of foreign State.
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