Cabal & Anor v United Mexican State

The applicants, Cabal and another, sought to join the United Mexican State as a respondent in proceedings before the High Court of Australia. The dispute concerned the applicants' claim for damages arising from alleged breaches of contract and tortious conduct by the United Mexican State. The application to join the United Mexican State as a respondent was made pursuant to the *Foreign States Immunities Act 1985* (Cth).

The primary legal issue before Kirby J, sitting in chambers, was whether the United Mexican State was amenable to suit in the Australian courts, notwithstanding any potential claims of sovereign immunity. This required an examination of the *Foreign States Immunities Act 1985*, specifically the provisions that might create exceptions to sovereign immunity, thereby allowing for the joinder of a foreign state as a respondent.

Kirby J considered the nature of the applicants' claims and whether they fell within any of the exceptions to sovereign immunity as defined by the Act. His Honour's reasoning focused on the interpretation of the *Foreign States Immunities Act 1985* and its application to the facts presented. The court's ultimate decision would depend on whether the alleged conduct of the United Mexican State constituted a commercial transaction or otherwise fell within a statutory exception that abrogated sovereign immunity.

The application to join the United Mexican State as a respondent was dismissed.