PRIVATE INTERNATIONAL LAW - where second respondent asserts immunity under s 9 of the Foreign States Immunities Act 1985 (Cth) (FSI Act) - whether second respondent is a separate entity within the meaning of s 3(1) of the FSI Act - whether second respondent is an agency or instrumentality of the State of Qatar - whether second respondent is not a separate entity entitled to immunity because it was not exercising inherently governmental or sovereign functions - second respondent is a separate entity entitled to immunity under the FSI Act
PRIVATE INTERNATIONAL LAW - whether the commercial transactions exception to foreign State immunity in s 11 of the FSI Act is made out - whether proceeding "concerns" a commercial transaction - where necessary to consider substance of case pleaded and conduct giving rise to claims - whether conduct can be properly characterised as a commercial, trading, business, professional or industrial or like transaction - exception to foreign State immunity not made out.
TORTS - originating application advancing claims in negligence, assault, battery and false imprisonment - interlocutory application by second respondent to set aside service and the originating application and the further amended statement of claim in so far as they advance claims against second respondent on the basis of foreign State immunity
↧