Yan Xie v Chen Shaoji [2008] NSWSC 224

New South Wales Supreme Court

CITATION : Yan Xie v Chen Shaoji [2008] NSWSC 224

HEARING DATE(S) : 10 March 2008

JUDGMENT DATE : 17 March 2008

JURISDICTION : Common Law

JUDGMENT OF : Simpson J

On the notice of motion filed on behalf of the Attorney General for the Commonwealth of Australia: (i) leave granted to intervene in the proceedings; DECISION : (ii) in the first instance, leave limited to making submissions concerning the procedures for effecting service of process where the Foreign States Immunities Act 1985 is applicable. On the notice of motion filed on behalf of the plaintiffs: (i) the notice of motion is dismissed.

CATCHWORDS : PRACTICE AND PROCEDURE – application of the Attorney General to appear as intervener or alternatively as amicus curiae – application for default judgment by the plaintiffs – whether service on the defendant was effected in accordance with the Foreign States Immunities Act 1985 – appearance and defence not entered by the defendant

LEGISLATION CITED : Foreign States Immunities Act 1985 Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

Adams v Adams [1971] P 188 Australian Railways Union v Victorian Railways Commissioners [1930] HCA 52; 44 CLR 319 Bouzari & Ors v Islamic Republic of Iran (2002) 124 ILR 428 Corporate Affairs Commission v Bradley [1974] 24 FLR 44; [1974] 1 NSWLR 391 CASES CITED : Fang & Ors v Jiang & Ors [2007] NZAR 420 Lange v Australian Broadcasting Corporation [1997] HCA 25; 189 CLR 520 Levy v The State of Victoria [1977] HCA 31; 189 CLR 579 Rushby v Roberts [1983] 1 NSWLR 350 The Queen v Anderson; Ex parte Ipec-Air Pty Ltd [1965] HCA 27; 113 CLR 177 Theophanous v The Herald and Weekly Times Ltd [1994] HCA 46; 182 CLR 104