Greylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, STEWARD, GLEESON, JAGOT AND BEECH‑JONES JJGREYLAG GOOSE LEASING 1410 DESIGNATEDACTIVITY COMPANY & ANOR  APPELLANTSANDP.T. GARUDA INDONESIA LTD  RESPONDENTGreylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia Ltd[2024] HCA 21Date of Hearing: 7 March 2024Date of Judgment: 5 June 2024S135/2023ORDERAppeal dismissed with costs.On appeal from the Supreme Court of New South WalesRepresentationP D Herzfeld SC with C Trahanas for the appellants (instructed by K&L Gates)S J Maiden KC with E L Beechey for the respondent (instructed by Baker McKenzie)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSGreylag Goose Leasing 1410 Designated Activity Company v P.T. Garuda Indonesia LtdPrivate international law – Foreign State immunity – Immunity from jurisdiction – Proceedings for winding up of body corporate registered as foreign company – Where appellants commenced proceeding for winding up of respondent under Pt 5.7 of Corporations Act 2001 (Cth) – Where respondent sought order that originating process be set aside on basis that court lacked jurisdiction by operation of ss 9 and 22 of Foreign States Immunities Act 1985 (Cth) ("Act") – Where common ground that respondent an agency or instrumentality of Republic of Indonesia and accordingly a "separate entity" within meaning of Act and entitled to immunity from jurisdiction unless applicable exception from immunity – Where appellants rely on exception in s 14(3)(a) read with s 22 of Act – Where s 14(3)(a) of Act provides that "[a] foreign State...