Van Heyningen v The Netherlands Indies Government

• Jurisdiction: Queensland
• Judgment Date: 30 April 1948
• Court: Supreme Court of Queensland (Australia)
• Docket Number: Case No. 43
• Date: 30 April 1948

Australia, Supreme Court of Queensland.

(Philp, J., in Chambers.)

Case No. 43

Van Heyningen

and

Netherlands Indies Government.

Conclusiveness of Statements of the Executive — Endorsement of Claim to Jurisdictional Immunity put forward on behalf of Government of Sub-division of Foreign State — Government of Netherlands Indies — Law of Australia.

Jurisdiction — Immunity from — Foreign States — Action Against the Government of a Political Sub-division of a Foreign State — Sovereignty of Non-self-governing Territory — Status of Netherlands Indies — Conclusiveness of Statements of Executive — Claim to Immunity — Endorsement of Claim to Immunity put forward on Behalf of Government of Sub-division of Foreign State.

The Facts.—The plaintiff, Adolf van Heyningen, issued a writ against the Netherlands Indies Government, as representing the Netherlands Indies, claiming certain payments and allowances under a contract. The writ was served upon a Mr. Cattela, a servant of the Netherlands Indies Government, at an address in Melbourne, Victoria. The defendant, the Netherlands Indies Government, entered a conditional appearance under Order XII, Rule 22, of the Rules of Procedure of the Supreme Court of Queensland, and at the same time took out a summons to set aside the service of the writ. It was claimed on behalf of the defendant that, as the Netherlands Indies was part of the territory of the Netherlands, the claim of the plaintiff was an indirect...