Warren v Warren: 1972

(Australia) The plaintiff was injured in a car accident while on a visit to New South Wales, where she had no right of action in tort against her husband. She began her action in Queensland, where she was ordinarily resident and domiciled where such a right of action did exist.
Held: The defendant’s application to set aside the writ was dismissed. There was a degree of flexibility in the rule which admitted of exception where clear and satisfactory grounds were shown why it should be departed from and that, on the facts of that case, it was right to apply the law of the forum even if the acts were not actionable by the law of the locus delicti.


Matthews J


[1972] Qd R 386



Cited by:

CitedRed Sea Insurance Co Ltd v Bouygues SA and Others PC 21-Jul-1994
Lex loci delicti (the law of the jurisdiction in which the act complained of took place) can exceptionally be used when the lex fori (the jurisdiction formally assigned) gives no remedy. In the case of a claim under a foreign tort, the double . .
Lists of cited by and citing cases may be incomplete.

Jurisdiction, Torts – Other

Updated: 13 May 2022; Ref: scu.222522