In international tort cases in NSW, the lex loci delicti is relevant only for the threshold question of justiciability under the second limb of the McKain rule; once justiciability is established, the substantive law to be applied is the law of the forum. A primary judge's incorrect assumption about the applicable substantive law can vitiate the exercise of the forum non conveniens discretion where that assumption was decisive. Pfeiffer's lex loci delicti rule is confined to intranational torts and does not govern international tort choice of law.
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