Li v Zhou [2013] NSWSC 12

Supreme Court New South Wales

Medium Neutral Citation: Li v Zhou [2013] NSWSC 12 Hearing dates: 19 November 2012 Decision date: 25 January 2013 Before: McCallum J Decision: Plaintiffs' application to have default judgment entered dismissed; proceedings dismissed. Catchwords: JURISDICTION - immunity - Foreign States Immunities Act 1985 (Cth) s 10 - whether first defendant has submitted to jurisdiction by agreement - requirement for agreement to be express or clearly implied - whether Convention Against Torture Art 14 clearly implies agreement to submit to jurisdiction Legislation Cited: Foreign States Immunities Act 1985 (Cth) Cases Cited: Jones v Saudi Arabia [2007] 1 AC 270 Pan v Bo [2008] NSWSC 961 Yan Xie v Chen Shaoji [2008] NSWSC 224 Zhang v Zemin [2008] NSWSC 1296 Zhang v Zemin [2010] NSWCA 255; (2010) 79 NSWLR 513 Texts Cited: Australian Law Reform Commission Report 24 on Foreign State Immunity (1984) Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, New York, 10 December 1984 Category: Principal judgment Parties: Jie Lin Li (first plaintiff) Jing Xiao Chen (second plaintiff) Chang Zhi Yue (third plaintiff) Yong Kang Zhou (first defendant) Attorney-General of the Commonwealth (second defendant) Representation: Counsel: R Dubler SC, R White (plaintiffs) H Burmester QC (second defendant) Solicitors: Gibson Lawyers (plaintiffs) Australian Government Solicitor (second defendant) File Number(s): 2008/288056