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  • Winding up applications can take a flight: Court of Appeal finds that foreign state immunity extends to a national airline

Winding up applications can take a flight: Court of Appeal finds that foreign state immunity extends to a national airline

Daniel MacPherson and Jia Lee of Gilbert + Tobin note that, in a global economy where State-owned entities are common commercial actors, a recent NSW Court of Appeal decision is significant because it confirms that foreign entities that are State-owned or controlled are immune from proceedings in Australia in bankruptcy, insolvency and winding up proceedings.