Facts: A NSW statute authorised Sydney Municipal Council to carry out improvements on Moore St and recover contributions from property owners. One such owner was a British aristocrat and politician. Sydney Municipal Council sued in the UK to recover the unpaid contributions from the owner’s indemnifier (ie like an insurer).
Question: Could Sydney Municipal Council recover those unpaid contributions?
Held: No. Sydney Municipal Council, though not a government, is still a governmental agency or instrumentality. It did not matter that Australia had the same sovereign and was a British dominion.