Summary

REASONS FOR JUDGMENT

1. The Court made orders dismissing this application for leave to appeal on 29 August 2024. These are my reasons for taking that course.

2. The question which arises is whether the Kingdom of Spain should be ordered to pay security for costs in relation to its application to set aside examination orders made by a Registrar of this Court. Those orders were issued to two accredited consular officials of Spain’s Sydney consulate, Ms Ana Raquel Garcia Rubio and Ms Belèn Figuerola Santos.

3. The examination orders were made on the application of the present Respondents, Infrastructure Services Luxembourg S.à.r.l. and Energia Termosola B.V., whom it is convenient to refer to as ‘the Investors’. The orders require the consular officials to present themselves to this Court at Queens Square in Sydney for the purposes of producing documents and of being examined. The documents sought relate to bank accounts held by Spain, the names of debtors owing money to Spain and other assets which Spain might have within the jurisdiction. The terms of the examination orders show that the questions which the Investors would seek to ask the consular officials also relate to these matters. Each of the examination orders is endorsed with a warning that if it is disobeyed then the examinee may be arrested.

4. The three proposed grounds of appeal as finally pursued were annexed to Spain’s written submissions in chief.

• Proposed Ground 1: s 35A(5) of the Federal Court of Australia Act 1976 (Cth)
• Proposed Ground 2: the Vienna Convention on Consular Relations
• Proposed Ground 3: re-exercise of the discretion by this Court

Result

Spain's application for leave to appeal should be dismissed with costs.