In this week’s TGIF, we examine the High Court’s recent decision in Greylag Goose Leasing 1410 Designated Activity Company & Anor v P T Garuda Indonesia Ltd [2024] HCA 21. In the decision, a majority of the High Court upheld the New South Wales Court of Appeal decision that foreign state immunity extends to a state-owned national airline subject to winding-up proceedings.
In a 5:2 majority decision, the High Court dismissed an appeal by two Ireland-based creditors to wind-up Garuda Indonesia (Indonesia’s national airline). It found that Garuda Indonesia was entitled to immunity under the Foreign States Immunities Act 1985 (Cth) (Immunities Act), which provides immunity from bankruptcy, insolvency and winding up…
