USA v Republic of China

• Jurisdiction: Queensland
• Judgment Date: 14 February 1950
• Court: Supreme Court of Queensland (Australia)
• Docket Number: Case No. 43
• Date: 14 February 1950

Australia, Supreme Court of Queensland.

(Philip J.)

Case No. 43

United States of America

and

Republic of China.

Foreign States — Immunity from Jurisdiction — Government-owned Vessel Engaged in Trade — Submission to Jurisdiction in Instrument of Hypothecation — Whether Sufficient to Ground the Jurisdiction of the Court — Implied Waiver — The Law of Australia.

The Facts.—On February 3, 1950, the United States of America issued a writ of summons, claiming enforcement of a mortgage, against the Union Star, a ship owned by the National Government of the Republic of China. On the same day the plaintiff applied ex parte to a judge for the appointment of a receiver for the ship. The application was granted, the receiver being appointed until February 10, 1950. Notice of the writ and proceedings was given to the Consul of the National Government of the Republic of China in Brisbane. He entered a conditional appearance denying the jurisdiction of the Court, as the proceedings impleaded a foreign sovereign State without its consent. He requested that all proceedings be set aside. A certificate from the Australian Minister of State for External Affairs was produced in Court, stating that the Government of Australia recognized the National Government of the Republic of China as the lawful Government of China.

For the plaintiff it was argued that the Republic of China had waived its immunity as the instrument of hypothecation provided, inter alia, that the buyer agreed to submit to a court of law, equity or admiralty, and...