Zhang v Zemin

The parties in this matter were Zhang (the applicant) and Zemin (the respondent). The dispute concerned the application of the *Foreign State Immunities Act 1985* (Cth) to acts of torture. The case was heard in the Court of Appeal of New South Wales.

The central legal issue before the court was whether the *Foreign State Immunities Act 1985* (Cth) provides an exception to foreign state immunity for acts of torture, notwithstanding the absence of an express provision to that effect in the Act. The court was also required to consider the relevance of international law in interpreting domestic statutes, particularly in the context of foreign state immunity.

The court's reasoning focused on the plain language of the *Foreign State Immunities Act 1985* (Cth). It was held that the Act comprehensively sets out the circumstances in which a foreign state is not immune from the jurisdiction of Australian courts. The court found no provision within the Act that created an exception for acts of torture, nor did it find that international law, in this context, could override the express provisions of the domestic statute. The court concluded that the Act did not permit the circumvention of foreign state immunity based on allegations of torture.

Leave to appeal was granted, but the appeal was ultimately dismissed.