Dhi22 v Qatar Airways Q.C.S.C (No 3)

The case of Dhi22 v Qatar Airways Q.C.S.C (No 3) involves the applicants seeking to serve legal documents on Qatar Airways, represented by the Qatar Civil Aviation Authority (QCAA), following an incident on a flight from Doha to Sydney. The QCAA has applied to set aside the service of the originating application and amended statements of claim on the basis of foreign State immunity under the Foreign States Immunities Act 1985 (Cth). The applicants' claims include negligence, assault, battery, and false imprisonment. The court had to decide whether the QCAA is a separate entity within the meaning of the Act and whether the commercial transactions exception to foreign State immunity applied.

The court examined the nature of the QCAA as a public entity of Qatar, established to regulate civil aviation and perform inherently governmental functions. It considered the statutory provisions and legal principles regarding foreign State immunity, including the customary international law principle that immunity is granted for inherently governmental or sovereign acts. The court found that the QCAA was exercising governmental functions during the incident, thus qualifying as a separate entity under the Act. Furthermore, the court held that the commercial transactions exception did not apply as the proceeding did not concern a commercial transaction but rather involved inherently governmental acts.

Consequently, the court set aside the service of the originating application and amended statements of claim against the QCAA. It ordered the applicants to pay the QCAA's costs. The decision underscores the importance of distinguishing between inherently governmental and commercial activities when determining foreign State immunity under the Act.