Firebird Global Master Fund II Ltd v Republic of Nauru [2014] NSWSC 1358

Supreme Court New South Wales

Medium Neutral Citation: Firebird Global Master Fund II Ltd v Republic of Nauru [2014] NSWSC 1358 Hearing dates: 22 September 2014; 23 September 2014; 29 September 2014; 30 September 2014 Decision date: 03 October 2014 Jurisdiction: Equity Division Before: Young AJA Decision: Registration of foreign judgment and consequential garnishee order set aside with costs Catchwords: PRACTICE AND PROCEDURE - Judgments and Orders - Foreign States Immunity - whether registration of judgment and garnishee order inconsistent with foreign states immunity - whether immune from jurisdiction of Court - whether proceedings 'concern' a commercial transaction within the exception to foreign state immunity - where proceedings to register a foreign judgment - where underlying transaction of a commercial nature - where no dealings of the defendant were in issue in the proceedings - whether immune from execution -whether property for commercial purposes - meaning of "commercial purposes" and "commercial property" - whether property 'apparently not in use' and therefore commercial - whether sufficient evidence to show property not in use - application of ss 9, 11, 30, 32 of the Foreign States Immunities Act 1985 (Cth)

PRACTICE AND PROCEDURE - Judgments and Orders - garnishee orders - whether Court has discretion in relation to setting aside garnishee orders - what is the ambit of the discretion - whether Court can take into account personal circumstances of garnishee

PRACTICE AND PROCEDURE - Judgments and Orders - where Japanese judgment registered in Supreme Court of New South Wales - where garnishee order issued in relation to foreign judgment - whether Foreign Judgments Act 1991 (Cth) conflicts with Foreign States Immunities Act 1985 (Cth) - whether Foreign Judgments Act 1991 (Cth) constitutes a code - whether registration of judgment ought be set aside where failure to comply with service requirements in Foreign States Immunity Act 1985 (Cth) - whether orders and judgment made in default of appearance - interpretation of the Foreign Judgments Act 1991 (Cth)