LAWS3007 Lecture Notes - Lecture 4: Common Informers Act 1951, Spycatcher, Midland Bank
Document Summary
Singapore probate duties: example: cj cgv [2013], facts: x paid tax liability on behalf of its jv partner y (did not owe itself). X obtained judgment against y in korea for unfair profits. Tax already paid - private suit to redistribute costs: exception: nz/png tax judgment: s3 fja. Expropriation: court will recognise foreign state"s expropriation within its own territory: kuwait. Unless: act racially discriminatory on its face: oppenheimer (1976), property forcibly brought into territory for purpose of expropriation: kuwait. Airways (2002): court will not recognise foreign state"s expropriation of assets within the forum, even if a foreign national owns the assets: spycatcher (1987). Foreign government interests: court will not permit claims enforcing the interests of a foreign sovereign, arising from powers peculiar to government (foreign government interests): Spycatcher (1987): import/export restrictions, extra-territorial anti-trust, exchange controls. o. Purpose to protect consumers, not enforce govt interest.
