Firebird Global Master Fund II Ltd v Republic of Nauru [2014] NSWCA 360

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Firebird Global Master Fund II Ltd v Republic of Nauru [2014] NSWCA 360 Hearing dates: 13 and 14 October 2014 Decision date: 23 October 2014 Before: Bathurst CJ at [1]; Beazley P at [210], Basten JA at [211] Decision: (1) With respect to the summons filed by Firebird Global Master Fund II Ltd in matter 2014/290988:

(i) Grant the applicant leave to appeal.

(ii) Dismiss the appeal and order that the summons filed in the Common Law Division on 9 May 2012 be dismissed.

(iii) Order that the applicant pay the costs of the Republic of Nauru in this Court.

(2) In relation to the summons filed by the Commonwealth of Australia in matter 2014/293924:

(i) Refuse the applicant leave to appeal.

(ii) No order as to the costs of the summons.

Order a stay in the following terms:

(1) Vacate all previous orders with respect to the coming into effect of order (1) made on 3 October 2014 in the Common Law Division (namely, registration of foreign judgment and consequential garnishee order set aside with costs).

(2) Stay the order made and entered on 3 October 2014 setting aside (a) the registration of the foreign judgment and (b) the garnishee order made and issued on 10 September 2014 in favour of the applicant against Westpac Banking Corporation - until 5pm (Sydney time) on Monday, 27 October 2014.

(3) Order that the garnishee order made not be complied with during the period of any stay with respect to the order setting aside the garnishee order. Catchwords: STATUTORY INTERPRETATION – principles - implied repeal of earlier statute - whether inconsistency between provisions concerning service - Foreign States Immunities Act 1985 (Cth) and Foreign Judgments Act 1991 (Cth) - whether provision was a code - scope of each Act - consideration of pre-existing equivalent state legislation