Dai Zhi Zhen, Zhang Gui Ying v Alexander John Gosse Downer Minister for Foreign Affairs and Trade of the Commonwealth of Australia

The case involves Dai Zhi Zhen and Zhang Gui Ying, who are Falun Gong practitioners, suing Alexander John Gosse Downer, the Minister for Foreign Affairs and Trade of the Commonwealth of Australia, over the issuance of certificates under the Diplomatic Privileges and Immunities Regulations 1989. The plaintiffs claim that the certificates, which were used to suppress their protest banners near the Chinese Embassy, were invalidly issued and sought a declaration and an injunction against further issuance of similar certificates. The Minister, represented by the Australian Government Solicitor, contends that there was a valid agreement for the compromise of the proceedings and that the plaintiffs should be required to fulfill their part of the agreement by discontinuing the proceedings.

The court had to determine whether there was a valid agreement for the compromise of the proceedings, whether the agreement should be enforced, and whether the proceedings should be dismissed on the grounds that there were no adequate grounds for the relief sought by the plaintiffs. The court considered whether the plaintiffs' solicitor, Mr Collaery, had the authority to enter into the compromise agreement and whether the agreement should be set aside or the plaintiffs relieved of the need to comply with it.

The court found that Mr Collaery had the implied authority to enter into the compromise agreement on behalf of the plaintiffs, as it did not involve collateral matters and was in the best interests of the plaintiffs. The court also found that no grounds existed for setting aside the agreement, and the plaintiffs were bound by it. Furthermore, the court concluded that the relief sought by the plaintiffs had no real utility, as the certificates in question were no longer in effect and the Minister had provided an enforceable undertaking not to issue further certificates in effectively identical terms. The court dismissed the proceedings and ordered the Minister to pay the plaintiffs' costs of $20,000 within 28 days.

The court dismissed the proceedings and ordered the defendant to pay the plaintiffs' costs of $20,000 within 28 days. The application for summary judgment was also dismissed along with the substantive proceedings.