Mercantile Mutual Insurance (Australia) Ltd v Neilson & Ors

[2004] WASCA 60

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Private International Law
2. › Choice of law
3. › Foreign tort
4. › Lex loci delicti
5. › Whether reference to domestic law or whole law of foreign country
6. › Whether renvoi applies to international torts
1. Private International Law
2. › Choice of law
3. › Foreign tort
4. › Place of the wrong
5. › Single wrong with connections to multiple jurisdictions
6. › Whether there can be multiple places of the wrong
1. Private International Law
2. › Foreign law
3. › Proof of foreign law
4. › Expert evidence
5. › Rejection of uncontradicted expert evidence
6. › Circumstances in which court may reject uncontradicted expert on foreign law
1. Private International Law
2. › Foreign law
3. › Limitation of actions
4. › Chinese limitation law
5. › Whether claim statute-barred
6. › General Principles of Civil Law of the People's Republic of China, Arts 135, 136, 137

Quick Take

The lex loci delicti in Australian choice of law for international torts refers to the domestic law of the place of the wrong, excluding any choice of law rules forming part of that foreign law. Renvoi does not apply to international tort claims. An Australian court should only in exceptional circumstances reject uncontradicted expert evidence on the meaning and effect of foreign law, and generalised notions of fairness and justice to a particular claimant do not constitute such exceptional circumstances.