Yan Xie v Chen Shaoji

Yan Xie commenced proceedings against Chen Shaoji in the Federal Court of Australia, seeking to recover damages for injuries sustained during an alleged attack by the defendant. Chen Shaoji, who was the Chinese Ambassador to Australia at the time of the incident, has not entered an appearance or defence in the proceedings. The Attorney General applied to appear as an intervener or, alternatively, as amicus curiae. The plaintiffs also applied for a default judgment on the issue of liability.

The court was required to determine whether the Attorney General was entitled to intervene or appear as amicus curiae in the proceedings and whether the plaintiffs' application for a default judgment could be granted. A key issue was whether service on the defendant was effected in accordance with the Foreign States Immunities Act 1985. The court had to consider whether the defendant's immunity from jurisdiction could be waived and whether the plaintiffs had established that the defendant was served with the originating application.

The court held that the Attorney General was not entitled to intervene or appear as amicus curiae in the proceedings as the matter did not involve a question of law of general public importance. The court also found that the plaintiffs had established that service on the defendant was effected in accordance with the Foreign States Immunities Act 1985. The court further held that the defendant's immunity from jurisdiction could be waived in circumstances where the defendant had not entered an appearance or defence in the proceedings. The court granted the plaintiffs' application for a default judgment on the issue of liability.

The court ordered that the plaintiffs recover damages from the defendant for the injuries sustained during the alleged attack. The amount of damages was to be determined at a later date. The court also ordered that the defendant pay the plaintiffs' costs of the application for default judgment.