(High Court of Australia) Private international law – Foreign tort – Choice of law – Appellant was injured in the People’s Republic of China – Scope of the lex loci delicti – Where the lex loci delicti treats another connecting factor, such as nationality or domicile, as determining the applicable law – Whether Article 146 of the General Principles of Civil Law of the People’s Republic of China was a relevant part of the lex loci delicti – Whether Article 146 of the General Principles of Civil Law of the People’s Republic of China made the law of the parties’ domicile the applicable law – Whether the doctrine of renvoi applies to international tort claims – Infinite regression of reference.
Evidence – Foreign law – Principles governing admission of evidence of foreign law – Where there is a deficiency of evidence – Whether there is a presumption that foreign law is the same as the law of the forum.
Words and phrases – ‘lex loci delicti’, ‘choice of law’, ‘renvoi’, ‘single renvoi’, ‘double renvoi’, ‘infinite regression of reference’.
Judges:
Gleeson CJ, McHuh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Citations:
(2005) 223 CLR 331, [2005] HCA 54, (2005) 221 ALR 213, (2005) 79 ALJR 1736
Links:
Cited by:
Cited – Iran v Berend QBD 1-Feb-2007
The Republic of Iran sought the return of a fragment of ancient Achaemenid relief in the possession of the defendant, saying that it was part of an ancient monument. The defendant said that she had bought it properly at an auction in Paris. The . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, International
Updated: 04 May 2022; Ref: scu.442755
