NSW Caselaw
New South Wales Supreme Court
CITATION : ZHANG v ZEMIN & ORS [2008] NSWSC 1296 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 15 September 2008
JUDGMENT DATE : 14 November 2008
JUDGMENT OF : Latham J
1. The Attorney General is granted leave to appear as an intervenor in the proceedings. DECISION : 2. The question of the jursidiction of the Court over the Defendants is determined as a preliminary question pursuant to Part 28 of the Uniform Civil Procedure Rules 2005. 3. The defendants are immune from the jurisdiction of the Court.
CATCHWORDS : Plaintiff seeks default judgment against defendants, officials of Peoples Republic of China - intervention of Attorney General (Cth) not opposed - Foreign States Immunity Act 1985 (Cth) - admissibility of s 40 certificate - whether defendants immune from jurisdiction of court.
Foreign States Immunities Act 1985 (Cth) (FSI Act) LEGISLATION CITED : Commonwealth Evidence Act 1995 Evidence Act 1995 (NSW)
Cuiyang Zhang - Plaintiff PARTIES : Ziang Zemin - 1st Defendant Luo Gan - 2nd Defendant 610 Office (Falun Gong Control Office) - 3rd Defendant
FILE NUMBER(S) : SC 20331/2004
COUNSEL : DKL Raphael - Plaintiff H Burmester QC - Defendants
SOLICITORS : Adam Slattery - Plaintiff Australian Government Solicitor - Defendants
- IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION COMMON LAW LIST
LATHAM J
14 NOVEMBER 2008
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